United States v. Anthony Simmons
20-4337
| 4th Cir. | Nov 1, 2021Background:
- Simmons pled guilty (written plea) to aiding and abetting Hobbs Act robbery (18 U.S.C. §§ 2, 1951) and to aiding and abetting the brandishing of a firearm in furtherance of a crime of violence (18 U.S.C. §§ 2, 924(c)).
- He was sentenced to an aggregate 80 months’ imprisonment.
- Defense counsel filed an Anders brief, arguing (1) the plea lacked an adequate factual basis for the § 924(c) count and (2) Hobbs Act robbery does not qualify as a predicate "crime of violence" for § 924(c).
- The Government moved to dismiss the appeal under the appellate-waiver provision in Simmons’ plea agreement.
- The Fourth Circuit reviewed the waiver de novo, concluded Simmons knowingly and voluntarily waived his appellate rights, found an adequate factual basis (Simmons admitted aiding the brandishing and agreed to the Govt’s facts), and held enforcement of the waiver would not produce a miscarriage of justice because Hobbs Act robbery qualifies as a crime of violence under the force clause.
- The court granted the Government’s motion in part (dismissing issues within the waiver), affirmed the remainder of the judgment, and instructed counsel to advise Simmons about certiorari rights.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/enforceability of appellate waiver | Waiver invalid or ineffective to bar review (implied by Anders challenges) | Waiver was knowing and voluntary; appeals barred by its terms | Waiver valid and enforceable; appeal dismissed as to waived issues |
| Adequacy of factual basis / whether Hobbs Act robbery is a §924(c) "crime of violence" | Plea lacked adequate factual basis for §924(c); Hobbs Act robbery not a crime of violence | Plea had adequate factual admissions; Hobbs Act robbery (and aiding/abetting it) qualifies under §924(c) force clause | Factual basis adequate; Hobbs Act robbery is a crime of violence under the force clause; enforcing waiver would not be a miscarriage of justice |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (standards for counsel filing a brief asserting no meritorious appeal)
- United States v. Adams, 814 F.3d 178 (4th Cir. 2016) (waiver enforcement and effect of subsequent changes in law)
- United States v. McCoy, 895 F.3d 358 (4th Cir. 2018) (factors for determining knowing and voluntary appellate waiver)
- United States v. Mathis, 932 F.3d 242 (4th Cir. 2019) (Hobbs Act robbery is a crime of violence under the § 924(c) force clause)
- United States v. Ali, 991 F.3d 561 (4th Cir. 2021) (aiding and abetting Hobbs Act robbery qualifies as a crime of violence under the force clause)