United States v. Raequon Allen
702 F. App'x 457
| 7th Cir. | 2017Background
- Raequon Allen robbed three gas stations in early 2015 by pointing a gun and demanding cash and cigarettes; arrested and federally charged.
- Indicted on three Hobbs Act robbery counts (18 U.S.C. § 1951) and two counts of brandishing a firearm in furtherance of a crime of violence (18 U.S.C. § 924(c)(1)(A)(ii)).
- Plea agreement: Allen pleaded guilty to one Hobbs Act robbery count and one § 924(c) count; remaining counts dismissed; government recommended acceptance-of-responsibility reduction.
- District court calculated a Guidelines range of 51–63 months for the robbery and a mandatory statutory minimum of 84 months for the § 924(c) count; court sentenced Allen to 36 months for robbery plus a consecutive 84 months for the firearm offense, and three years’ supervised release (concurrent).
- On appeal Allen challenged (1) whether Hobbs Act robbery qualifies as a “crime of violence” under § 924(c), (2) the sentencing procedure in light of Dean v. United States, and (3) supervised-release conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hobbs Act robbery is a categorical “crime of violence” under § 924(c) | Gov: Plea waiver bars challenge; alternatively Hobbs Act is a crime of violence | Allen: Hobbs Act robbery is not categorically a crime of violence | Waiver bars the appeal; on merits court holds Hobbs Act robbery is a crime of violence (Anglin/Rivera) |
| Whether sentencing must be vacated because judge misapplied Roberson in light of Dean | Gov: Roberson constrained judge from considering § 924(c) term when sentencing predicate; but Dean changed law | Allen: District court erred by refusing to consider the § 924(c) sentence when fashioning the robbery sentence | Court vacates sentence and remands for resentencing consistent with Dean (judge may consider § 924(c) term under § 3553(a)) |
| Validity of supervised-release term and conditions | Gov: Conditions were read, no objection; part of sentence | Allen: Challenges three-year supervised release and its conditions | Court declines to resolve now; supervised release is part of the overall sentence and may be reconsidered at resentencing; any infirmities can be addressed then |
| Waiver effect of unconditional guilty plea on non-jurisdictional issues | Gov: Guilty plea waives non-jurisdictional appellate claims | Allen: Presses challenge despite waiver | Court enforces waiver; appeal on that issue is foreclosed |
Key Cases Cited
- Dean v. United States, 137 S. Ct. 1170 (2017) (§ 924(c) does not limit courts from considering the § 924(c) sentence when imposing punishment for predicate counts)
- United States v. Anglin, 846 F.3d 954 (7th Cir. 2017) (Hobbs Act robbery is a crime of violence under the elements clause)
- United States v. Rivera, 847 F.3d 847 (7th Cir. 2017) (reaffirming that Hobbs Act robbery requires use or threat of physical force)
- United States v. Roberson, 474 F.3d 432 (7th Cir. 2007) (prior rule that sentencing judge should not reduce the predicate count based on mandatory § 924(c) sentence)
- United States v. Phillips, 645 F.3d 859 (7th Cir. 2011) (guilty plea waives non-jurisdictional appellate issues)
- United States v. Neal, 810 F.3d 512 (7th Cir. 2016) (supervised-release modifications may be addressed at resentencing)
- United States v. Mobley, 833 F.3d 797 (7th Cir. 2016) (supervised release is part of the overall sentencing package and must be justified at sentencing)