United States v. Worthen, No. 21-2950 (7th Cir. 2023)
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Worthen, Darryl, and Harris planned to rob a gun store and, if necessary, shoot the store owner, Maxie. During the robbery, Darryl shot and killed Maxie. Worthen was charged with Hobbs Act robbery, 18 U.S.C. 1951(a), and discharge of a firearm resulting in death, 18 U.S.C. 924(j). Because Darryl directed the robbery and killed Maxie, Worthen was charged as an aider and abettor, 18 U.S.C. 2(a). For the 924(j) charge, the government needed to show the discharge of a firearm in the course of a “crime of violence” involving “as an element the use, attempted use, or threatened use of physical force against the person or property of another.” Worthen unsuccessfully argued that Hobbs Act robbery was not a crime of violence but did not mention accessory liability. Worthen then pled guilty to the 924(j) charge as an aider and abettor.
On appeal, Worthen again argued that Hobbs Act robbery is not a crime of violence and argued, for the first time, that aiding and abetting a Hobbs Act robbery is not a crime of violence and that the 924(c) force clause was unconstitutionally vague. The Seventh Circuit rejected those arguments. Because the principal offense of Hobbs Act robbery satisfies the force clause, aiding and abetting a Hobbs Act robbery qualifies as a crime of violence. The “clear” meaning of physical force is “violent force—that is, force capable of causing physical pain or injury to another person.”
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