Diaz v. United States, No. 16-3160 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit held that Hobbs Act Robbery qualifies as a crime of violence under 18 U.S.C. 924(c)(3)(A), because it has as an element the use, attempted use, or threatened use of physical force against the person of another. Therefore, the court rejected defendant's argument that the "substantial risk" provision in section 924(c)(3)(B) is similar to the residual clause at issue in Johnson v. United States and thus is unconstitutionally vague. Accordingly, the court affirmed the judgment.
Court Description: Loken, Author, with Colloton and Kelly, Circuit Judges] Prisoner case - Habeas. The decision in Johnson does not render 18 U.S.C. Sec. 924(c)(3)(B) unconstitutionally vague; a Hobbs Act robbery has as an element the use, attempted use or threatened use of physical force against the person of another and is a crime of violence under 18 U.S.C. Sec. 924(c)(3)(A).
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