- Court: United States Supreme Court
- Area(s) of Law: Criminal Law
- Date Filed: June 21, 2022
- Case #: 20-1459
- Judge(s)/Court Below: Gorsuch, J. for the Court; Robert, C.J.; Breyer, J.; Sotomayor J.; Kagan J.; Kavanaugh, J.; and Barrett, J. joined. Thomas, J. and Alito J. dissenting.
- Full Text Opinion
Defendant’s accomplice shot a man during an unsuccessful robbery. Under the Hobbs Act, it is a felony to commit or conspire to commit a robbery with an interstate component. There is an enhanced punishment clause authorized for those who use a firearm in a crime of violence. Defendant filed a federal habeas petition arguing his offenses under the Hobbs Act were not crimes of violence. Attempted Hobbs Act robbery does not qualify as a crime of violence because no element of the offense requires proof that the defendant used, attempted to use, or threatened the use of force. Because the government was not required to prove beyond a reasonable doubt the use, attempted use, or threatened use of violence, an attempted Hobbs act robbery does not qualify as a crime of violence. In addition, the elements of the enhanced punishment clause are not met because the statute asks whether the defendant committed a crime of violence, not whether he attempted such a crime. AFFIRMED.