context: . Although a fact-centric approach might make sense in the SS 924(j) context because the statute addresses present rather than past conduct, which would enable a fact-finder to focus on the risk presented by the nature of a defendant's actual conduct, case law squarely holds that the language of SS 924(c) requires courts to use a categorical approach.
citation_a.signal: see also
citation_a.identifier: 100 F.3d 418, 420
citation_a.parenthetical: "[T]he phrase 'by its nature' compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b
citation_a.sentence: See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must "look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a "crime of violence” under § 924(c)(3)(B) because of the phrase "by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) ("[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”).
citation_b.signal: see
citation_b.identifier: 644 F.3d 453, 453
citation_b.parenthetical: relying on Leocal and applying the categorical approach to SS 924(c
citation_b.sentence: See Leocal, 543 U.S. at 7, 125 S.Ct. 377 (observing that because [§ 16] directs our focus to the 'offense’ of convictionf,] the court must "look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to [the] crime”); Evans, 644 F.3d at 453 (relying on Leocal and applying the categorical approach to § 924(c) crime-of-violence inquiry); see also United States v. McGuire, 706 F.3d 1333, 1336-37 (11th Cir.2013) (noting that the court employs a categorical approach to determine if an offense is a "crime of violence” under § 924(c)(3)(B) because of the phrase "by its nature”); United States v. Velazguez-Overa, 100 F.3d 418, 420 (5th Cir.1996) ("[T]he phrase 'by its nature’ compels a categorical approach to determining whether an offense is a crime of violence under Section 16(b).”).