News & Analysis as of

Robbery Criminal Convictions

Patterson Belknap Webb & Tyler LLP

Second Circuit Joins Majority On Circuit Split, Finding Attempted Hobbs Act Robbery Qualifies As Crime of Violence under Section...

In United States v. McCoy (Kearse, Parker, Sullivan), the Second Circuit held that attempt to commit Hobbs Act robbery qualifies as a crime of violence, siding with the majority of circuit courts, and parting ways with the...more

Cozen O'Connor

Notice of Appeal - Fall 2020

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Precedential Opinions of Note - Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud - United States v. James (April 3, 2020), No. 19-1250...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds Prior Precedent Abrogated by Subsequent SCOTUS Decision

In United States v. Brown (Newman, Hall, and Chin), the Second Circuit addressed two related questions. First, the Circuit held that Dean v. United States, 137 S. Ct. 1170 (2017), abrogated prior circuit precedent in United...more

Dorsey & Whitney LLP

The Supreme Court - January 15, 2019

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The Supreme Court of the United States issued the following two decisions today: New Prime Inc. v. Oliveira, No. 17-340: Respondent Dominic Oliveira works as a driver for petitioner New Prime, Inc., an interstate trucking...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds that Connecticut Robbery Inherently Involves Violent Force Under ACCA

In Shabazz v. United States, the Second Circuit (Katzmann, Leval, Berman by designation) again addressed the meaning of “violent felony” under the Armed Career Criminal Act (“ACCA”), this time under its “force clause.” As...more

Patterson Belknap Webb & Tyler LLP

Despite Recent Supreme Court Precedent, and In A Departure From The “Categorical Approach,” Circuit Affirms Conviction Under...

In United States v. Barrett, the Second Circuit (Winter, Raggi, Droney) rejected a defendant’s argument that his conviction under Title 18, United States Code, Section 924(c), for using firearms in the commission of a violent...more

Patterson Belknap Webb & Tyler LLP

Circuit Determines that Attempted Robbery Under New York Law Constitutes a “Crime of Violence” Pursuant to 2014 Federal Sentencing...

In United States v. Pereira-Gomez, a panel of the Second Circuit (Cabranes, Carney, Caproni, D.J.) issued an opinion analyzing whether attempted robbery under New York law qualifies as a “crime of violence” for enhancement...more

Patterson Belknap Webb & Tyler LLP

The Second Circuit Counts to Three: How One Defendant Became a Career Criminal Over the Course of an Hour

In United States v. Bordeaux, 17-486-cr (Cabranes, Raggi, Vilardo), the Second Circuit held that the defendant’s three prior Connecticut state convictions for first-degree robbery—all of which took place during a single...more

Patterson Belknap Webb & Tyler LLP

Convictions Affirmed in Drug Robbery Conspiracy

In United States v. Martinez, Nos. 14-2759, 15-511, 15-836, 15-1001, 15-3699 (Kearse, Jacobs, Pooler), issued on July 7, the Second Circuit affirmed the convictions of several co-conspirators in a decade-long scheme where at...more

Dorsey & Whitney LLP

The Supreme Court - June 22, 2017

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Maslenjak v. United States, No. 16-309: Petitioner Divna Maslenjak, an ethnic Serb who immigrated to the United States in 2000 and became a naturalized U.S. citizen in 2007, was convicted under 18 U.S.C. §1425(a) for...more

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