United States v. McCoy, No. 17-3515 (2d Cir. 2023)
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In 2021, Second Circuit issued an opinion affirming in part and reversing in part the convictions of Defendants after trial in the district court. Among other things, the Second Circuit affirmed Defendants’ convictions under 18 U.S.C. Section 924(c) for brandishing firearms during and in relation to attempted Hobbs Act robberies. The Supreme Court vacated the Second Circuit’s judgment and remanded to the Second Circuit for further consideration in in light of its decision in United States v. Taylor, 142 S. Ct. 2015 (2022). See McCoy v. United States, 142 S. Ct. 2863 (2022); Nix v. United States, 142 S. Ct. 2860 (2022).
The Second Circuit reversed Defendants’ section 924(c) convictions on Counts 4 and 6 for brandishing firearms during and in relation to attempted Hobbs Act robberies. The court agreed after Taylor, attempted Hobbs Act robbery no longer qualifies as a crime of violence under section 924(c)(3)(A). More specifically, the Supreme Court explained that attempted Hobbs Act robbery is not a crime of violence pursuant to section 924(c)(3)(A)’s elements clause because an attempt does not categorically require the government to prove that the defendant used, attempted to use, or threatened to use force against the person or property of another.
This opinion or order relates to an opinion or order originally issued on April 22, 2021.
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