United States v. McCoy, No. 17-3515 (2d Cir. 2021)
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Defendants McCoy and Nix appealed their convictions for charges related to their involvement in a series of home invasions in the Rochester, New York area in September and October 2014. In this case, defendants and others unlawfully conspired and attempted to rob other persons of commodities that had been shipped and transported in interstate and foreign commerce, such as diamonds, watches, United States currency, and narcotics, and conspired to traffic in the stolen narcotics.
Defendants principally contend (a) that they were entitled to a new trial on the ground that the juror's false voir dire responses violated their rights to be tried before a fair and impartial jury; (b) that their firearm-brandishing convictions should be reversed on the ground that none of their Hobbs Act offenses are predicate crimes of violence under 18 U.S.C. 924(c); (c) that in light of Rehaif v. United States, 139 S. Ct. 2191 (2019), the trial court erred in failing to instruct the jury on an essential element of the section 922(g)(1) charges of being felons in possession of firearms; and (d) that they are entitled to reduction of their sentences under the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194.
The Second Circuit found merit in defendants' contention that Hobbs Act conspiracy is not a section 924(c) crime of violence in light of United States v. Barrett, 937 F.3d 126 (2d Cir. 2019). Therefore, the court reversed defendants' section 924(c) convictions on Count 2 for brandishing firearms predicated on Hobbs Act conspiracy. The court affirmed defendants' convictions on all other counts, as well as the denial of their motions for a new trial. The court remanded for resentencing, and for consideration by the district court of what relief, if any, may be appropriate under the First Step Act.
The court issued a subsequent related opinion or order on January 23, 2023.
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