United States v. Rufus Dennis, No. 22-1759 (8th Cir. 2023)
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Defendant was convicted of attempted Hobbs Act robbery and three firearm charges, including possession of a firearm in furtherance of a crime of violence, 18 U.S.C. Section 924(c). Defendant argued that there is insufficient evidence to support his attempted Hobbs Act robbery conviction and that his Section 924(c) conviction should be vacated in light of United States v. Taylor, 142 S. Ct. 2015 (2022). He also challenged his sentence’s substantive reasonableness.
The Eighth Circuit affirmed his attempted Hobbs Act robbery conviction but vacated his Section 924(c) conviction under Taylor. The court also vacated Defendant’s sentence and remanded for resentencing. The court explained that here Defendant repeatedly surveilled L.B.’s home. He donned a disguise and scripted his false entry. He had a rifle and planned to neutralize, if necessary, those he found inside. But he preferred to wield a handgun and told his fake accomplice he wouldn’t rob the house without one. Just before the trade, he was arrested. All told, the district court did not clearly err by finding the circumstances showed Defendant was about to complete all the acts he believed necessary to complete the Hobbs Act robbery but for the police’s intervention. The court explained that after Defendant’s trial, the Supreme Court decided United States v. Taylor and held that “attempted Hobbs Act robbery does not satisfy the elements clause” of Section 924(c). This means that Defendant’s attempted Hobbs Act robbery conviction no longer qualifies as a predicate crime of violence for his Section 924(c) conviction. Thus the court vacated his Section 924(c) conviction in accordance with Taylor.
Court Description: [Kobes, Author, with Shepherd and Stras, Circuit Judges] Criminal case - Criminal law and Sentencing. The evidence was sufficient to support defendant's conviction for attempted Hobbs Act robbery; however, his conviction for possession of a firearm in furtherance of a crime of violence must be vacated - see U.S. v. Taylor, 142 S. Ct. 2015 (2022); defendant's convictions for being a felon in possession of a firearm are affirmed; defendant's sentence is vacated and the matter remanded for resentencing.
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