United States v. Dussard, No. 18-804 (2d Cir. 2020)
Annotate this CaseDefendant pleaded guilty to conspiracy to commit Hobbs Act robbery (Count One) and possession of a firearm in furtherance of a narcotics conspiracy (Count Three). The Second Circuit held that defendant has not shown that the error in his conviction on Count Three, made plain by the decisions in United States v. Davis, 139 S. Ct. 2319 (2019), and United States v. Barrett, 937 F.3d 126 (2d Cir. 2019), invalidating the stated crime-of-violence predicate for that offense, affected his substantial rights. In light of defendant's willingness to plead guilty to Count Three in order to gain dismissal of Count Two and avoid its mandatory minimum 10-year term of imprisonment, the court held that defendant has not shown any reasonable probability that he would not have pleaded guilty to Count Three in order to secure that beneficial result based on the permissible drug-trafficking-crime predicate alleged in Count Three.
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