United States v. George Gordon, 69 F.4th 932

George Gordon pleaded guilty to unlawful possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) and received a 96-month sentence.
The district court applied USSG § 2K2.1(a)(4), setting a base offense level of 20 because Gordon committed the offense after a 1996 Missouri second-degree robbery conviction.
Missouri second-degree robbery punishes one who "forcibly steals" property, defined to include using or threatening the immediate use of physical force to obtain or retain property.
The Eighth Circuit in United States v. Swopes held Missouri second-degree robbery is a "violent felony" under the ACCA because it requires the use, attempted use, or threatened use of physical force; the guidelines’ definition of "crime of violence" is materially identical.
Gordon argued on appeal (raised for plain-error review) that United States v. Taylor undermines Swopes because Taylor held attempted Hobbs Act robbery need not involve a communicated threat; he claimed Missouri law permits convictions based on implicit (noncommunicated) threats.
The court held that Missouri law requires a communicated threatened use of force (implicit threats still communicate), Taylor addressed an inchoate Hobbs Act attempt not the completed Missouri robbery, and thus the prior conviction qualifies as a "crime of violence." The sentence was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Gordon's prior Missouri second-degree robbery is a "crime of violence" under USSG § 4B1.2(a)(1), triggering a base offense level of 20 under USSG § 2K2.1(a)(4).	Gordon: Taylor shows attempted robbery can be convicted without a communicated threat, so Missouri robbery may not categorically require a communicated threat and thus may not be a "crime of violence."	Government/District Court: Swopes controls; Missouri robbery requires the use/attempted use/threatened use of physical force and Missouri cases (Coleman, Brooks) show implicit threats are still communicated. Taylor concerns inchoate Hobbs Act attempt, not completed state robbery.	The conviction qualifies as a "crime of violence." Taylor does not undermine Swopes; the base offense level of 20 was correct; judgment affirmed.

United States v. Swopes, 886 F.3d 668 (8th Cir. 2018) (en banc) (held Missouri second-degree robbery is a violent felony under the ACCA)
United States v. Taylor, 142 S. Ct. 2015 (2022) (held attempted Hobbs Act robbery need not involve a communicated threatened use of force)
United States v. Hall, 877 F.3d 800 (8th Cir. 2017) (explains similarity between guidelines’ "crime of violence" and ACCA "violent felony")
State v. Coleman, 463 S.W.3d 353 (Mo. 2015) (Missouri decision treating implicit threats as communicated threats in robbery context)
State v. Brooks, 446 S.W.3d 673 (Mo. 2014) (Missouri decision finding actions supported inference of an immediate threatened use of force)
United States v. Olano, 507 U.S. 725 (1993) (sets plain-error review standard)