United States v. Kendale Hollins
514 F. App'x 264
3rd Cir.2013Background
- Hollins sold crack cocaine to a confidential informant on three occasions in 2010, totaling 79.5 grams.
- Hollins was indicted February 8, 2011, with Counts 1–3 alleging distribution amounts under 21 U.S.C. § 841(a)(1).
- Hollins pleaded guilty to all Counts and had two prior convictions implicated by the career offender enhancement under U.S.S.G. § 4B1.1.
- The two priors were a drug trafficking offense and a conspiracy to commit robbery under 18 Pa. Cons. Stat. Ann. § 903(a)(1), § 3701(a)(1)(v).
- Applying the career offender enhancement yielded a higher offense level and criminal history category, but the District Court downwardly varied to 120 months imprisonment.
- Hollins challenged the career offender designation, arguing the conspiracy to commit robbery was not a crime of violence under the guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conspiracy to commit robbery by force however slight is a crime of violence under the elements clause. | Hollins argues conspiracy to rob by force lacks the element of force. | The government contends conspiracy to commit robbery is a crime of violence under § 4B1.2(a)(1). | Not satisfied under the elements clause. |
| Whether conspiracy to commit robbery by force however slight is a crime of violence under the residual clause. | Hollins maintains the Pennsylvania act does not pose a similar risk to enumerated offenses. | The government argues the risk profile fits the residual clause's criteria. | Yes; robbery by force however slight qualifies under the residual clause. |
Key Cases Cited
- United States v. Cornish, 103 F.3d 302 (3d Cir. 1997) (conspiracy to commit robbery can be a crime of violence under the guidelines)
- Johnson v. United States, 130 S. Ct. 1265 (2010) (physical force must be violent force under ACCA, impacting § 4B1.2(a)(1) analysis)
- Begay v. United States, 553 U.S. 137 (2008) (attributes of enumerated offenses guide residual clause analysis)
- James v. United States, 550 U.S. 192 (2007) (categorical approach for residual clause)
- Welch, 683 F.3d 1304 (11th Cir. 2012) (robbery-by-snatching-like offenses can trigger residual clause)
- United States v. Chitwood, 676 F.3d 971 (11th Cir. 2012) (true: risk of physical injury supports residual clause outcome)
- United States v. Meeks, 664 F.3d 1067 (6th Cir. 2012) (risk of injury analysis under residual clause)
- United States v. Rodriguez, 659 F.3d 117 (1st Cir. 2011) (larceny-from-the-person context supports risk-based approach)
- United States v. De Jesus, 984 F.2d 21 (1st Cir. 1993) (risk analysis for physical injury in context)