678 F. App'x 80
3rd Cir.2017Background
- Andrew White convicted of Hobbs Act conspiracy and robbery (18 U.S.C. § 1951), 18 U.S.C. § 924(c) (use/carry firearm during a crime of violence), and attempted witness tampering (18 U.S.C. § 1512(b)).
- Original sentence 196 months; later resentenced to 160 months.
- White argued his Hobbs Act robbery conviction cannot serve as a predicate "crime of violence" for § 924(c) in light of Johnson v. United States, which struck down the ACCA residual clause as unconstitutionally vague.
- § 924(c) defines "crime of violence" two ways: (A) use/attempted use/threatened use of physical force, and (B) a residual-clause substantial-risk formulation similar to ACCA's clause.
- The government and the court relied on the categorical match between Hobbs Act robbery (which criminalizes robbery by means of actual or threatened force) and § 924(c)(3)(A).
- White admitted he was armed and ordered customers to the floor during the robbery; court found no need to resolve the challenge to § 924(c)'s residual clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hobbs Act robbery is a "crime of violence" under 18 U.S.C. § 924(c) after Johnson | Johnson invalidated residual clause; therefore § 924(c)(3)(B) is void and Hobbs Act robbery cannot be a predicate | Even if (B) is invalid, Hobbs Act robbery falls within § 924(c)(3)(A) because it involves actual or threatened physical force | Held: Hobbs Act robbery is a crime of violence under § 924(c)(3)(A); conviction and § 924(c) enhancement affirmed |
| Validity of counsel's Anders motion to withdraw on appeal | (White) — no specific counterargument noted | Counsel asserts no nonfrivolous issues remain | Held: Anders motion granted; no nonfrivolous appellate issues |
Key Cases Cited
- Johnson v. United States, 135 S. Ct. 2551 (Sup. Ct. 2015) (invalidated ACCA residual clause as unconstitutionally vague)
- United States v. Robinson, 844 F.3d 137 (3d Cir. 2016) (held Hobbs Act robbery is a crime of violence under § 924(c)(3)(A))
- Abbott v. United States, 562 U.S. 8 (Sup. Ct. 2010) (upheld § 924(c)’s mandatory minimum)
- Anders v. California, 386 U.S. 738 (Sup. Ct. 1967) (procedures governing counsel’s motion to withdraw when appeal is frivolous)