Kidd v. United States, No. 18-2465 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of petitioner's motion to vacate his firearm conviction. The court held that defendant's underlying offense of armed robbery involving controlled substances categorically qualifies as a crime of violence under the force clause of 18 U.S.C. Sec. 924(c)(3)(A) even when it is committed by means of intimidation. Therefore, the court held that petitioner's underlying offense categorically qualifies as a crime of violence under section 924(c)(3)(A), and his conviction and sentence under section 924(c)(1)(A) are not unconstitutional. Furthermore, because section 924(c)(3)(A) applies in this case, the Supreme Court's recent decision in United States v. Davis does not afford petitioner the relief he seeks.
Court Description: Per Curiam - Before Benton, Wollman and Grasz, Circuit Judges] Prisoner case - Habeas. The offense of armed robbery involving controlled substances categorically qualifies as a crime of violence under the force clause of 18 U.S.C. Sec. 924(c)(3)(A) even when it is committed by means of intimidation; because Sec. 924(c)(3)(A) applies, the Supreme Court's decision in U.S. v. Davis. 2019 WL 2570623 (June 24, 2019) does not apply as it deals with the residual clause of Sec. 924(c)(3)(B).
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