88 F.4th 1226
7th Cir.2023Background
- Rickey Claybron was convicted of multiple Hobbs Act robberies and related firearm offenses stemming from a violent spree in 2015.
- At sentencing, his criminal history was increased by two "status points" under the then-current Sentencing Guidelines, elevating his category and resulting in a higher Guidelines range.
- After his sentencing, the Sentencing Commission retroactively amended the Guidelines, reducing the additional status points from two to one, which would have lowered Claybron’s Guidelines range.
- Claybron appealed, seeking (1) reversal of his firearm-related convictions under § 924(c) (arguing Hobbs Act robbery is not a crime of violence) and (2) remand for resentencing in light of the retroactive Guidelines amendment.
- The District Court had not stated it would have imposed the same sentence regardless of the Guidelines range, a fact relevant to the remand decision.
- Both relevant Guidelines amendments (821 and its retroactivity via 825) were effective as of November 1, 2023.
Issues
| Issue | Claybron's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Hobbs Act robbery qualifies as a crime of violence under § 924(c) | Hobbs Act robbery does not qualify as predicate crime of violence | It does qualify under controlling precedent | Hobbs Act robbery is a crime of violence; convictions affirmed |
| Whether Claybron should be resentenced under retroactively applied Guidelines amendment | Remand is required for resentencing because lower range may apply under new Guidelines | Relief should occur via § 3582 motion, not appellate remand | Remand appropriate for resentencing under § 2106 in light of retroactive amendment |
Key Cases Cited
- United States v. Worthen, 60 F.4th 1066 (7th Cir. 2023) (Hobbs Act robbery is a crime of violence under § 924(c))
- United States v. McHaney, 1 F.4th 489 (7th Cir. 2021) (reviewing crime-of-violence classification de novo)
- United States v. Rivera, 847 F.3d 847 (7th Cir. 2017) (reaffirming Hobbs Act robbery as crime of violence)
- United States v. Anglin, 846 F.3d 954 (7th Cir. 2017) (same holding)
- United States v. Alexander, 553 F.3d 591 (7th Cir. 2009) (remand for resentencing appropriate after retroactive Guidelines amendment)
- United States v. Adams, 746 F.3d 734 (7th Cir. 2014) (limited resentencing remand allowed under § 2106)