In Sessions v. Dimaya , 138 S. Ct. 1204, 1223 (2018) this Court recently struck down as unconstitutionally vague the Immigration and Nationality Act's definition of crime of violence, codified at 18 U.S.C. § 16(b). This case presents three questions of first impression for thi s Court : (1) whether the residual clause of 18 U.S.C. § 924(c)(3)(B), which is nearly identical to § 16(b), is also unconstitutionally vague, and if so, (2) whether aiding and abetting Hobbs Act Robbery constitutes a crime of violence under the "force" cla use of 18 U.S.C. § 924(c) (3)(A), and finally, (3) whether the lower courts are to apply the categorical approach, or modified categorical approach, when considering whether a contemporaneous charge of aiding and abetting Hobbs Act robbery is a crime of violence under § 924(c)'s force clause.

Whether the residual clause of 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague