Second Circuit Review: Crimes of Violence and Risk-of-Force Clauses

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Crimes of Violence and Risk-of-Force Clauses,” appeared in the November 28 issue of the New York Law Journal. The authors discuss the Second Circuit’s decision that the Armed Career Criminal Act’s “risk-of-force clause,” which defines “crime of violence” for the purposes of the ACCA’s firearms-related sentencing enhancements, is still constitutional despite the Supreme Court’s recent Johnson and Dimaya decisions, two cases that struck down similar provisions as unconstitutionally vague. Litigation associate Matthew Tieman assisted in the preparation of this article.