Monday, April 13, 2020

US v. Dominguez, No. 14-10268 (4-7-20)(Silverman w/Anello; partial dissent by Nguyen). This is a pretty interesting Hobbs categorical issue. The panel affirms various convictions related to a Hobbs robbery, 924(c), money laundering, and an attempted Hobbs robbery as having sufficient evidence. 

The interesting categorical question as to Attempted Hobbs robbery is whether it is a categorical crime of violence under the elements clause of 924(c)(3)(A). The majority finds it fits because when a substantive offense is a crime of violence under the 924 section, an attempt is a COV because an actual substantive step occurred, and there was a specific intent. This holds true even if the substantive step was not a step involving violence. The section also explicitly includes completed crimes but felonies that have an “attempted use” of force. An attempted Hobbs Act robbery has to include physical violence or a threat of violence. The 9th arguably falls into line with two other circuits (7th and 11th). 

Nguyen’s partial dissent argues that under a categorical approach, an attempted Hobbs Act robbery can be committed without any actual use, attempted use, or threatened use of physical force. It makes no sense to find that just because when the substantive offense is a COV, an attempt, under the categorical approach, also must be.

The decision is here:


Post a Comment

<< Home