United States v. Collymore, No. 19-596 (2d Cir. 2023)
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In 2021, the Court affirmed Defendant’s conviction after a guilty plea in district court. Among other things, The Second Circuit affirmed Defendant’s conviction under 18 U.S.C. Sections 924(c)(1)(A)(i), (ii), (iii), and 2 for using, brandishing, and discharging a firearm during and in relation to an attempted Hobbs Act robbery, as well as his conviction under 18 U.S.C. Sections 924(j)(1) and 2 for murdering a person with a firearm during and in relation to an attempted Hobbs Act robbery. The Supreme Court vacated that judgment and remanded it to the Second Circuit for further consideration in light of its decision in United States v. Taylor, 142 S. Ct. 2015 (2022).
The Second Circuit vacated the section 924(c) conviction and the section 924(j) conviction. The court explained that after Taylor, attempted Hobbs Act robbery no longer qualifies as a crime of violence under section 924(c)(3)(A) and, therefore, cannot serve as a predicate for Defendant’s conviction under section 924(c)(1)(A). Furthermore, because an element of an offense under section 924(j)(1) is that the defendant was “in the course of a violation of [section 924(c)],” attempted Hobbs Act robbery also cannot serve as a predicate for Defendant’s conviction under section 924(j)(1). Moreover, the court wrote it cannot conclude that the purported Rule 11 error made any difference in Defendant’s guilty-plea calculation.
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