Plain-English summary
Attempted Hobbs Act Robbery is not a 'crime of violence' under §924(c)(3)(A)
The Court held that attempted Hobbs Act robbery does not qualify as a "crime of violence" under 18 U.S.C. §924(c)(3)(A) because the statute requires an element of force that attempted Hobbs Act robbery does not necessarily include. The Fourth Circuit's decision was affirmed.
Why this matters
This ruling narrows the set of offenses that automatically trigger harsh, mandatory gun-related sentence enhancements under §924(c). Defendants cannot automatically receive those enhanced penalties based on a conviction for attempted Hobbs Act robbery. That affects federal sentencing and charging decisions in robbery-related cases that involve firearms.
Who may feel it
- Defendants charged with firearms offenses tied to attempted Hobbs Act robbery
- Federal prosecutors deciding whether to charge §924(c) enhancements
- Defense attorneys handling federal robbery and gun cases
- State and federal sentencing courts applying §924(c)
Key questions
- Does the definition of "crime of violence" in 18 U.S.C. §924(c)(3)(A) cover attempted Hobbs Act robbery?
- Must a predicate offense have, as an element, the use, attempted use, or threatened use of physical force to qualify under §924(c)(3)(A)?