Killiu Ford was convicted under 18 U.S.C. § 924(c) for possessing a firearm during a crime of violence, among other crimes. The district court initially sentenced him to 600 months in prison. After the Supreme Court held that § 924’s definition of “violent felony” was unconstitutionally vague, however, the Government conceded his conviction under that statute had to be vacated. The district court conducted a de novo resentencing, and ruled that, despite Ford’s significant rehabilitation in his 12 years in prison, 18 U.S.C. § 3559(f)(2) required a mandatory minimum 25-year sentence for each of his two 18 U.S.C. § 1201(a) convictions for kidnapping a child and imposed concurrent 300-month terms on all counts.
On appeal, the Tenth Circuit first determined that § 3559(f)(2) mandated 25-year mandatory minimums for “crimes of violence” as defined in 18 U.S.C. § 16. But, applying the categorical approach, the court concluded that a kidnapping conviction under § 1201(a) is not categorically a “crime of violence” under §16(a). Kidnapping, it reasoned, can be committed without the use of physical force—for example, by luring the victim with false promises. Other circuits, the panel noted, have reasoned similarly. Thus, because kidnapping does not categorically require an element of force, it is not a “crime of violence” subject to the 25-year mandatory minimum scheme of § 3559(f).
The court further explained that when Congress enacted § 3559(f) in 2006, kidnappings could have qualified as a “crime of violence” under § 16(b)’s residual clause; however, the Supreme Court found that clause unconstitutionally vague in 2018.
Accordingly, the panel concluded the district court erred in imposing mandatory minimum twenty-five-year sentences, vacated Ford’s sentences, and remanded for resentencing.
Appeal from District of Colorado
Opinion by Ebel, joined by Holmes. Seymour abstained.