In United States v. Salas, --- F.3d ---, No. 16-2170 (10th Cir. 2008), the Tenth Circuit vacated the defendant's conviction and sentence for using a destructive device in furtherance of a crime of violence, a violation of 18 U.S.C. 924(c).
Even on plain-error review, the Court found that Dimaya’s reasoning for invalidating § 16(b) applies equally to § 924(c)(3)(B). In other words, the reasons why § 16(b) is unconstitutionally vague apply equally to § 924(c)(3)(B).
