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Lockley: Florida "Attempted Robbery" is "Crime of Violence"

By Tim Cone

In U.S. v. Lockley, No. 09-15728 (Feb. 11, 2011), the Court held that a prior conviction for ?attempted robbery,? in violation of Fla. Stat. §§ 812.13(1) and 777.04(1) qualified as ?crime of violence? for purposes of the career offender Guideline.The Court noted that the career offender guideline expressly includes ?robbery,? which refers to ?generic? forms of robbery. The Court found that Florida?s ?attempted robbery? offense is a generic form of robbery. The statute requires that a defendant take the money or property of another, with the intent to permanently deprive the person of it, using force, violence, or threats of force. The Court found that the ?intimidation? element of the statute was generic.The Court noted that Florida?s attempt statute, which requires that a ?substantial step? be taken toward commission of the offense, falls within the generic meaning of ?attempt? in the Guidelines...continue to full post

Full post as published by Defense Newsletter Blog on February 16, 2011 (boomark / email).