Friday, February 08, 2019

Hobbs Act Robbery Is Categorically a Crime of Violence

U.S. v. Jefferson, 17-3150, 911 F.3d 1290 (Dec. 28, 2018) (D. Kan.): Mr. Jefferson was convicted of five counts of Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), (b)(1), and three counts of using or carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). On appeal, Mr. Jefferson argued Hobbs Act robbery was not a “crime of violence” because § 924(c)(3)(A) required the predicate offense to have a force element and Hobbs Act robbery had only a force means, and the jury should have decided whether Hobbs Act robbery qualified as a “crime of violence.” The Tenth Circuit held that the definition of a “crime of violence” is a question of law for the judge and Hobbs Act robbery categorically constitutes a crime of violence. Affirmed.