1. Under 18 U.S.C. § 924(c)(8)(A), a felony qualifies as a "crime of violence"
if it "has as an element the use, attempted use, or threatened use of physical force
against the person or property of another." The courts of appeals are split on how to
apply the use-of-force language to crimes that require proof of a victim's bodily injury
or death but can be committed by inaction—that is, by omission. On one side of the
split, the Fourth Circuit (in the decision below) held that a crime that requires proof of
death or bodily injury necessarily involves the use of physical force, even if it can be
committed by through inaction—such as failing to provide medicine to someone who is
sick or by failing to feed a child.

The question presented is:

Whether a crime that requires proof of bodily injury or death, but can be
committed by failing to take action, has as an element the use, attempted use,
or threatened use of physical force.

In Delligatti v. United States, S. Ct. No. 23-825, this Court has already granted
certiorari to resolve the circuit split on this same question.

2. Additionally, in Lora v. United States, 599 U.S. 453, 455 (2023), this
Court held that a sentence under 18 U.S.C. § 924() for causing death through the use
of a firearm during and in relation to a "crime of violence" can run either concurrently
or consecutively to another sentence. Nonetheless, the petitioners were sentenced
before this Court's decision issued in Lora. At the time of sentencing, Fourth Circuit
law—under United States v. Bran, 776 F.3d 276, 280-82 (4th Cir. 2015)—mandated
that a sentence for a § 924(j) offense run consecutive to any other sentence. Adhering
to Bran, the district court concluded that the sentences on the § 924(j) counts "must be
served consecutively to each other and to the sentences imposed on all other counts."
App. 148-49, 186.

The question presented is:

Whether the district court's imposition of mandatory consecutive sentences on
petitioners' § 924(j) convictions is in conflict with this Court's decision in Lora, 599
U.S. at 455.

Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force; Whether the district court's imposition of mandatory consecutive sentences on petitioners' § 924(j) convictions is in conflict with this Court's decision in Lora