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GRAY v. U.S.

Docket No. 20-790 August Term, 2020.

980 F.3d 264 (2020)

Durome GRAY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 13, 2020.

Attorney(s) appearing for the Case

Eunice C. Lee , Federal Defenders of New York, Inc., New York, NY, for Petitioner-Appellant.

John Vagelatos , Assistant United States Attorney, for Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Brooklyn, NY, for Respondent-Appellee.

Before: Sack, Katzmann, and Nardini, Circuit Judges.

It is a federal crime under 18 U.S.C. § 924(c)(1)(A) to use a firearm "during and in relation to any crime of violence." The question presented is whether assaulting a federal officer under 18 U.S.C. § 111(b) is categorically a "crime of violence." We join six other courts of appeals in holding that it is.1

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