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defendantmotioncase lawmotion to dismiss
defendantmotionmotion to dismiss

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United States v. Culbert, 453 F.Supp.3d 595

Facts

The defendants were indicted for possessing and brandishing a firearm during a crime of violence, specifically an attempted Hobbs Act robbery. They filed a motion to dismiss the charge, arguing that attempted Hobbs Act robbery should not be classified as a crime of violence. The court examined the definitions and elements of the Hobbs Act and relevant case law to determine the nature of the attempted robbery charge.

The defendants were indicted for possessing and brandishing a firearm during a crime of violence, specifically an attempted Hobbs Act robbery. They filed a motion to dismiss the charge, arguing that attempted Hobbs Act robbery should not be classified as a crime of violence.

Issue

Is attempted Hobbs Act robbery considered a crime of violence under 18 U.S.C. § 924(c)?

The narrow question put to the Court is whether attempted Hobbs Act robbery is likewise a crime of violence. It is not.

Rule

A crime of violence under 18 U.S.C. § 924(c) must involve the use, attempted use, or threatened use of physical force against the person or property of another, as defined by the elements clause.

A crime of violence under 18 U.S.C. § 924(c) must involve the use, attempted use, or threatened use of physical force against the person or property of another, as defined by the elements clause.

Analysis

The court applied the categorical approach to determine whether attempted Hobbs Act robbery qualifies as a crime of violence. It concluded that the minimum conduct necessary for a conviction under the Hobbs Act does not inherently involve violence, as evidenced by various cases where non-violent actions were sufficient for attempted robbery convictions. The court noted that the elements of attempted robbery do not require violent conduct, thus failing to meet the criteria for a crime of violence.

The court applied the categorical approach to determine whether attempted Hobbs Act robbery qualifies as a crime of violence. It concluded that the minimum conduct necessary for a conviction under the Hobbs Act does not inherently involve violence, as evidenced by various cases where non-violent actions were sufficient for attempted robbery convictions.

Conclusion

The court granted the defendants' motion to dismiss Count 3 of the indictment, concluding that attempted Hobbs Act robbery is not a crime of violence under 18 U.S.C. § 924(c).

The court granted the defendants' motion to dismiss Count 3 of the indictment, concluding that attempted Hobbs Act robbery is not a crime of violence under 18 U.S.C. § 924(c).

Who won?

Defendants prevailed in the case because the court found that attempted Hobbs Act robbery does not meet the definition of a crime of violence, thus invalidating the charge against them.

Defendants prevailed in the case because the court found that attempted Hobbs Act robbery does not meet the definition of a crime of violence, thus invalidating the charge against them.

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