United States v. Davis, No. 16-10330 (5th Cir. 2018)Annotate this Case
On remand from the Supreme Court, the Fifth Circuit held that Sessions v. Dimaya, 584 U.S. ___, 138 S. Ct. 1204 (2018), did not affect defendants' convictions for Hobbs Act robbery under 18 U.S.C. 924(c). Therefore, the court affirmed its prior judgment regarding defendants' violations of section 924(c) as predicated on Hobbs Act robbery.
The court held that section 924(c)'s residual clause was unconstitutionally vague and thus defendants' convictions and sentences for knowingly using, carrying, or brandishing a firearm to aid and abet conspiracy to interfere with commerce by robbery must be vacated. The court noted that its decision did not implicate the sentences on the other counts. Accordingly, the court affirmed in part, reversed in part, and remanded for entry of a revised judgment.
This opinion or order relates to an opinion or order originally issued on January 31, 2017.