United States v. Lewis, No. 10-2931 (3d Cir. 2015)
Annotate this CaseLewis, Shavers, and White committed a 2005 armed robbery of a North Philadelphia “speakeasy,” pointing firearms, ordering people to the floor, and threatening to shoot. They were charged with Hobbs Act robbery, 18 U.S.C. 1951(a); conspiracy to commit Hobbs Act robbery; using and carrying a firearm in relation to a crime of violence, 18 U.S.C. 924(c); and attempted witness tampering. The court instructed the jury that Lewis was charged with “using and carrying a firearm during the crime of violence.” The jury found the three guilty. Lewis was sentenced to 57 months on the Hobbs Act counts and 84 months’ incarceration, the mandatory minimum, on the section 924 count, for “brandishing” a firearm. The Supreme Court remanded in light of its decision in Alleyne v. U.S., concerning imposition of a mandatory minimum sentence based upon facts that were never charged or found by a jury beyond a reasonable doubt. The Third Circuit initially affirmed, finding harmless error, but subsequently vacated and remanded. Lewis was sentenced for brandishing, but was convicted of using or carrying a firearm during and in relation to a crime of violence, which has a shorter mandatory minimum sentence. Lewis was never indicted for brandishing. The error contributed to the sentence and was not harmless.
This opinion or order relates to an opinion or order originally issued on September 9, 2014.
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