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Hobbs Act Robbery is Crime of Violence under 18 U.S.C. § 924(c), but Not Crime of Violence under the Career-Offender Guideline U.S.S.G. § 4B1.2

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Raul Rodriguez, Nos. 18-1606 and 18-1664 (3d Cir., May 1, 2019), Defendant pled guilty one count each of Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. §§ 1951(a) and 924(c). The district court ruled that the robbery was a crime of violence under § 924(c), but it was not a crime of violence under the career-offender guideline, U.S.S.G. § 4B1.2. The Third Circuit affirmed the district court?s decision. Citing United States v. Robinson, 844 F.3d 137 (3d Cir. 2016), the court reiterated that, when a firearm is brandished during a Hobbs Act robbery, the robbery constitutes a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A). However, the court ruled that Hobbs Act robbery is not a crime of violence under the career-offender guideline...continue to full post

Full post as published by Third Circuit Blog on May 20, 2019 (boomark / email).