Wednesday, June 29, 2022

1. US v. Tagatac, No. 21-10133 (6-10-22)(Nelson w/Bybee & Bolton). Hawaii’s second-degree robbery statute is divisible. Thus, the defendant’s conviction for the robbery is a “crime of violence,” and the court did not err in sentencing him as a career offender. Hawaii’s statute makes each subdivision a separate offense; and jury instructions require unanimity on the acts.

2. US v. Merrell, No. 20-30183 (6-10-22)(Hurwitz w/Sung; dissent by Boggs).  The First Step’s amendment of 924( c)(1) applies if a sentence imposed before passage was vacated and remanded. The sentencing slate had been wiped clean.

Dissenting, Boggs argues the text does not allow retroactive application, even if the sentence was vacated. Words, not possibly what Congress intended, controls.




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