United States v. Garcia, No. 16-10863 (5th Cir. 2017)Annotate this Case
Defendant pleaded guilty to Hobbs Act robbery, and possessing and discharging a firearm in furtherance of a crime of violence. The Fifth Circuit affirmed defendant's firearm conviction because Hobbs Act robbery falls within the definition of crime of violence; vacated his sentence for the Hobbs Act robbery count because the district court erred by imposing the physical restraint enhancement where defendant did not do anything with his firearm that went beyond what would normally occur during an armed robbery; and remanded for resentencing.