1 F.4th 489
7th Cir.2021Background
- Defendant Andrew McHaney participated in multiple armed robberies of cell-phone stores and was arrested attempting another. He was charged with Hobbs Act conspiracy and multiple Hobbs Act robbery counts, several §924(c) firearms counts, and one §922(g)(1) felon-in-possession count.
- McHaney moved to dismiss the §924(c) counts, arguing Hobbs Act robbery is not a "crime of violence" under 18 U.S.C. §924(c)(3)(A) (the elements or "force" clause).
- The district court denied the motion; McHaney pleaded guilty but reserved the right to appeal the §924(c) question. He was sentenced to 177 months.
- The Supreme Court’s decision in United States v. Davis invalidated §924(c)(3)(B) (the residual clause) as unconstitutionally vague, leaving only the elements clause (§924(c)(3)(A)) to decide whether Hobbs Act robbery qualifies.
- The Seventh Circuit has long held (notably in United States v. Anglin) that Hobbs Act robbery necessarily involves the use, attempted use, or threatened use of physical force and thus qualifies under §924(c)(3)(A); every other circuit to address the issue has reached the same conclusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hobbs Act robbery is a "crime of violence" under §924(c)(3)(A) | United States: Yes — Hobbs Act robbery’s element of taking by "actual or threatened force, violence, or fear" necessarily involves use or threat of physical force. | McHaney: No — Hobbs Act robbery can be broader (e.g., threats to property) and thus may not always satisfy the elements/force clause. | Affirmed: Hobbs Act robbery qualifies under §924(c)(3)(A); prior Seventh Circuit (and other circuits) precedent controls. |
Key Cases Cited
- United States v. Anglin, 846 F.3d 954 (7th Cir. 2017) (holding Hobbs Act robbery necessarily involves use or threat of physical force)
- United States v. Davis, 139 S. Ct. 2319 (2019) (invalidating §924(c)(3)(B) residual clause as unconstitutionally vague)
- United States v. Hammond, 996 F.3d 374 (7th Cir. 2021) (reaffirming Anglin that Hobbs Act robbery is a crime of violence under the elements clause)
- United States v. Vesey, 966 F.3d 694 (7th Cir. 2020) (noting de novo review for whether a prior conviction qualifies as a crime of violence)
- United States v. Walker, 990 F.3d 316 (3d Cir. 2021) (joining circuits in holding Hobbs Act robbery is a crime of violence)
- United States v. Dominguez, 954 F.3d 1251 (9th Cir. 2020) (same)
- Brown v. United States, 942 F.3d 1069 (11th Cir. 2019) (same)
- Johnson v. United States, 576 U.S. 591 (2015) (holding similar residual clause in ACCA unconstitutional)
- Sessions v. Dimaya, 138 S. Ct. 1204 (2018) (holding a similar statutory residual clause unconstitutionally vague)