United States v. Burke, No. 17-35446 (9th Cir. 2019)
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The Ninth Circuit affirmed the district court's denial of a 28 U.S.C. 2255 motion challenging the validity of a conviction for use of a firearm during a crime of violence in violation of 18 U.S.C. 924(c)(1)(A). In this case, defendant walked into a pharmacy, pointed a gun at an employee, and demanded all of the pharmacy's OxyContin.
The panel held that armed robbery involving controlled substances described in 18 U.S.C. 2118(c)(1) is a crime of violence under 18 U.S.C. 924(c)(3)(A). The panel explained that, because robbery involving controlled substances by force or violence or intimidation is a crime of violence, so too is armed robbery involving controlled substances, which requires proof of all the elements of unarmed robbery involving controlled substances.
Court Description: 28 U.S.C. § 2255 Affirming the district court’s denial of a 28 U.S.C. § 2255 motion challenging the validity of a conviction for use of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A), the panel held that armed robbery involving controlled substances described in 18 U.S.C. § 2118(c)(1) is a crime of violence under 18 U.S.C. § 924(c)(3)(A).
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