925 F.3d 997
8th Cir.2019Background
- Calvin Robinson, Jr. pleaded guilty to unlawful possession of a firearm as a felon (18 U.S.C. §§ 922(g)(1), 924(a)(2)).
- At sentencing the district court treated Robinson’s prior Minnesota first-degree aggravated robbery conviction as a "crime of violence" under the Sentencing Guidelines, giving a base offense level of 20 (USSG § 2K2.1(a)(4)(A)).
- With adjustments, the court calculated an advisory guideline range of 51–63 months and sentenced Robinson to 60 months.
- Robinson appealed, arguing his Minnesota conviction does not qualify as a "crime of violence" and that his base offense level should be 14 (USSG § 2K2.1(a)(6)).
- The district court relied on Eighth Circuit precedent holding Minnesota simple robbery—and thus first-degree aggravated robbery—requires threatened use of violent force and qualifies as a violent/violent crime under comparable federal definitions.
- The Eighth Circuit affirmed, concluding Stokeling did not undermine those precedents and that Minnesota first-degree aggravated robbery meets the Guidelines’ "force clause."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Minnesota first-degree aggravated robbery is a "crime of violence" under the Guidelines' force clause | Robinson: the prior conviction does not have as an element the use, attempted use, or threatened use of physical force sufficient to qualify | Government/District Court: Minnesota first-degree aggravated robbery (as a greater form of simple robbery) requires threatened use of force and thus meets the force clause | Affirmed: it qualifies as a crime of violence; base offense level 20 applies |
Key Cases Cited
- United States v. Libby, 880 F.3d 1011 (8th Cir. 2018) (held Minnesota simple robbery contains an element of threatened violent force for ACCA purposes)
- United States v. Pettis, 888 F.3d 962 (8th Cir. 2018) (reaffirmed that Minnesota simple robbery requires proof of use, attempted use, or threatened use of violent force)
- Stokeling v. United States, 139 S. Ct. 544 (2019) (held "physical force" includes force necessary to overcome a victim's resistance)