United States v. Johnson, No. 18-4345 (4th Cir. 2019)Annotate this Case
The Fourth Circuit affirmed defendant's sentence for armed bank robbery and related crimes following a successful petition vacating his original sentence under 28 U.S.C. 2255. Defendant argued that he received no benefit from the plea agreement because his previous conviction for a New York robbery offense did not count as his third strike. The court held, however, that the text and structure of 18 U.S.C. 3559(c) showed a congressional intent to encompass state laws such as the New York robbery offense in this case, which shared the essential characteristics of the enumerated robbery offenses under federal law.