United States v. Kenney

Amici Brief of The Ninth Circuit Federal Public and Community Defenders and The National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Urging Reversal of the Underlying Judgment.

Brief filed: 09/23/2016


United States v. Kenney

9th Circuit Court of Appeals; Case No. 16-10117

Prior Decision

On appeal from the U.S. District Court for the Eastern District of California, Honorable Anthony W. Ishii, Senior U.S. District Judge, U.S. D.C. No. 1:12-cr-00266-AWI.


The residual clause of 18 U.S.C. § 924(c)(3)(B) is void for vagueness. Armed bank robbery is not categorically a "crime of violence" under § 924(c)(3)(A).

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Heather E. Williams and Mia Crager, Ninth Circuit Federal and Community Defenders, Sacramento, CA; David M. Porter, Washington, DC.