Troiano v. United States
1:16-cv-00512
D. Haw.Aug 25, 2017Background
- James Troiano was convicted after trial (2006) of Hobbs Act conspiracy and robbery (Counts 1–2), brandishing a firearm (Count 3), and being a felon in possession (Count 4).
- The PSR treated three Hawaii first-degree burglary convictions as predicates, designating Troiano both an Armed Career Criminal under 18 U.S.C. § 924(e) and a Career Offender under U.S.S.G. § 4B1.1.
- Troiano was sentenced to 17 years on Counts 1, 2, and 4 (concurrent) plus a consecutive 7 years on Count 3 (total 24 years); the Ninth Circuit affirmed and the Supreme Court denied certiorari.
- Troiano filed a second § 2255 after Johnson v. United States; the Ninth Circuit authorized the successive filing, and the district court stayed pending Beckles. Briefing and a hearing followed.
- The court held Troiano’s ACCA enhancement (Count 4) invalid post-Johnson because Hawaii burglary does not qualify under the Enumerated Clause and the Residual Clause is void for vagueness; the government conceded the ACCA error.
- The court denied relief on the Career Offender challenge (Beckles forecloses vagueness attacks on the Guidelines) and denied the claim that Hobbs Act robbery is not a crime of violence (Ninth Circuit and other circuits treat Hobbs Act robbery as a crime of violence).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of ACCA enhancement for Count 4 (§ 924(e)) | Troiano: Hawaii first‑degree burglary are not "violent felonies" under § 924(e) after Johnson | Gov: Historically treated as predicates but concedes Johnson undermines the residual clause here | Granted — ACCA enhancement invalid under Johnson; Count 4 sentence reduced to statutory maximum framework |
| Career Offender designation under U.S.S.G. § 4B1.1 | Troiano: Johnson’s reasoning should invalidate the Guidelines residual clause and remove Career Offender status | Gov: Beckles holds Guidelines are not susceptible to vagueness due‑process challenges | Denied — Beckles forecloses vagueness attack on the Guidelines; Career Offender designation stands |
| Whether Hobbs Act robbery is a "crime of violence" for § 4B1.1 purposes | Troiano: Hobbs Act robbery should not qualify as a crime of violence | Gov: Ninth Circuit precedent treats Hobbs Act robbery as a crime of violence | Denied — Court follows Ninth Circuit and other circuits: Hobbs Act robbery is a crime of violence |
| Remedy / further proceedings | Troiano: requests relief and resentencing consistent with invalidated ACCA enhancement | Gov: proposes appropriate procedural steps for resentencing | Court ordered briefing from the parties on need for revised PSR, resentencing hearing, and defendant presence; left procedural remedy to follow-up memoranda |
Key Cases Cited
- Johnson v. United States, 576 U.S. 591 (invalidating ACCA residual clause as unconstitutionally vague)
- Beckles v. United States, 137 S. Ct. 886 (holding Sentencing Guidelines are not subject to vagueness challenges under the Due Process Clause)
- United States v. Mendez, 992 F.2d 1488 (9th Cir.) (Hobbs Act robbery presents substantial risk of use of physical force)
- In re Saint Fleur, 824 F.3d 1337 (11th Cir. 2016) (Hobbs Act robbery qualifies as a crime of violence under the elements clause)
- United States v. Hill, 832 F.3d 135 (2d Cir. 2016) (Hobbs Act robbery is a crime of violence)