The Supreme Court on Friday agreed to hear the issue of whether 18 U.S.C. § 924(c)(3)(A)’s definition of “crime of violence” excludes attempted Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), granting review of an appeal brought by the Justice Department.
In agreeing to hear the case of United States v. Taylor next term, the court will resolve whether attempted robbery under the Hobbs Act qualifies as a “crime of violence” for purposes of a federal law that imposes a mandatory minimum sentence of five years for the use of a gun during a crime of violence.
Breaking with other circuits, the U.S. Court of Appeals for the Fourth Circuit held in Justin Taylor’s case that attempted Hobbs Act robberies don’t qualify as crimes of violence, which could trigger tougher penalties. “The government frequently prosecutes Section 924(c) offenses connected to attempted Hobbs Act robberies, as well as attempted federal bank robberies and carjackings,” the Justice Department wrote in its petition, referring to the crime of violence law.
Opposing review, Taylor said the high court should let the issue percolate further and decline the government’s invitation to “short-circuit a recently emerged debate among the courts of appeals.”