United States v. McHaney, No. 20-1690 (7th Cir. 2021)
Annotate this Case
McHaney participated in at least four armed cellular phone store robberies around Chicago. While attempting a fifth, he was arrested. He was charged with Hobbs Act conspiracy (18 U.S.C. 1951(a)); four counts of Hobbs Act robbery (18 U.S.C. 1951(a)); attempted Hobbs Act robbery (18 U.S.C. 1951(a)); three counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence (18 U.S.C. 924(c)(1)(A)); using and carrying a firearm during and in relation to a crime of violence (18 U.S.C. 924(c)(1)(A)); and possession of a firearm by a felon (18 U.S.C. 922(g)(1). The district court denied McHaney’s motion to dismiss the 18 U.S.C. 924(c) counts, finding that Hobbs Act robbery qualifies as a crime of violence under section 924(c)(3)(A). McHaney entered into a plea agreement and was sentenced to 177 months’ imprisonment.
The Seventh Circuit affirmed, declining to reject its precedent that Hobbs Act robbery meets the definition of a crime of violence under 18 U.S.C. 924(c) and is a qualifying predicate crime under the statute. Putting any person in fear in the context of robbery necessarily involves “the use, attempted use, or threatened use of physical force against the person of another.” “Every other court of appeals to have considered this agrees with this conclusion.”
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.