United States v. Robby Robinson
2017 U.S. App. LEXIS 16271
| 9th Cir. | 2017Background
- Robinson produced a .22 assault rifle during an argument; police later found multiple firearms at the residence and Robinson’s DNA on one rifle.
- Robinson was arrested the next morning; a .44 revolver was found hidden in his sister’s car and later linked to him by statements from jail.
- He was convicted at a bench trial of two counts of being a felon in possession of firearms under 18 U.S.C. § 922(g)(1).
- At sentencing the district court treated Robinson’s prior Washington conviction for second-degree assault (Wash. Rev. Code § 9A.36.021) as a “crime of violence” under U.S.S.G. § 2K2.1 and set a base offense level of 22, producing a Guidelines range of 110–137 months (sentence imposed: 90 months).
- Robinson appealed only the determination that his Washington second-degree assault conviction qualified as a “crime of violence” under the Guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WA second-degree assault (§ 9A.36.021) is a "crime of violence" under U.S.S.G. § 2K2.1 using the categorical approach | Robinson: statute is overbroad and indivisible; thus cannot be treated categorically as a crime of violence | Gov: Lawrence controls—subsection (1)(a) is categorically violent; alternatively statute is divisible so modified categorical approach applies | Court: statute is overbroad and indivisible; not a categorical crime of violence, Lawrence not controlling |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (establishes categorical approach for prior convictions)
- Descamps v. United States, 570 U.S. 254 (clarifies divisibility and limits use of modified categorical approach)
- Mathis v. United States, 136 S. Ct. 2243 (further clarifies elements v. means and divisibility inquiry)
- United States v. Lawrence, 627 F.3d 1281 (9th Cir. 2010) (earlier panel held WA 2d-degree assault categorically a violent felony under ACCA; court here declines to follow)
- Johnson v. United States, 559 U.S. 133 (defines "physical force" as violent force capable of causing pain or injury)
- United States v. Crews, 621 F.3d 849 (9th Cir.) (de novo review on categorical question)
- United States v. Munoz-Camarena, 631 F.3d 1028 (9th Cir.) (harmless-error principles for sentencing)