USA v. Elkins
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed in Part
The Fifth Circuit vacated Holly Ann Elkins’s § 924(c) conviction and corresponding life sentence because the underlying cyberstalking-resulting-in-death offense under 18 U.S.C. § 2261A(2)(B) is not categorically a ‘crime of violence.’ The court otherwise affirmed her convictions and sentences on the remaining counts.
Circuit Split Identified
Legal Issue
Whether a conviction under 18 U.S.C. § 2261A(2)(B) resulting in death, punished under § 2261(b), categorically qualifies as a “crime of violence” under the 18 U.S.C. § 924(c)(3)(A) elements clause and may serve as a predicate for a § 924(c) firearm conviction.
Circuit Positions
§ 2261A(2)(B)+§ 2261(b) is NOT a crime of violence under § 924(c)(3)(A) because it can be committed without force and may be satisfied by reckless conduct.
§ 2261A(2)(B)+§ 2261(b) IS a crime of violence because the intent element carries forward to the resulting-in-death element, necessarily involving force.
Conflict Summary
The Fifth Circuit holds that subsection (2)(B) stalking— even when death results—can be committed without the use, attempted use, or threatened use of physical force and therefore is NOT a crime of violence under the § 924(c) elements clause. The Fourth Circuit, by contrast, has concluded that the mens-rea and resulting-in-death elements ‘carry forward,’ such that the same offense DOES qualify as a crime of violence.