United States v. Richardson, No. 17-2157 (6th Cir. 2020)
Annotate this CaseRichardson participated in a series of Detroit-area armed robberies in 2010. In 2013, Richardson was convicted of five counts of aiding and abetting Hobbs Act robbery, 18 U.S.C. 1951, five counts of aiding and abetting the use of a firearm during and in relation to a crime of violence under 18 U.S.C. 924(c), and of being a felon in possession of a firearm, section 922(g). The district court sentenced Richardson to 1,494 months in prison. Richardson twice successfully persuaded the Supreme Court to vacate Sixth Circuit judgments affirming his conviction and sentence. The Court remanded for consideration of whether an intervening the Court’s 2015 “Johnson” holding that the Armed Career Criminal Act (ACCA) residual clause was invalid or the First Step Act of 2018 affected his section 924(c) conviction. The Sixth Circuit again affirmed Richardson’s conviction. Johnson had no effect on Richardson’s conviction for aiding and abetting Hobbs Act robbery; that conviction satisfies ACCA’s elements clause, so the residual clause is irrelevant. The court also affirmed his sentence. Richardson cannot benefit from the First Step Act because the district court resentenced him more than one year before the Act became law.
This opinion or order relates to an opinion or order originally issued on October 11, 2018.
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