United States v. Taylor
Petitioner United States of America · Respondent Justin Eugene Taylor
- Reporter
- 596 U.S. ___ (2022)
- From
- United States Court of Appeals for the Fourth Circuit
- How it got here
- writ of <i>certiorari</i>
Does the definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(A) exclude attempted Hobbs Act robbery, which may be completed through an attempted threat alone?
Question before the CourtWhat happened
Justin Eugene Taylor and a co-conspirator intended to rob a drug dealer, who ended up being shot during the transaction. The Government’s indictment charged Taylor on seven counts, including conspiracy to commit Hobbs Act robbery in violation of 18 U.S.C. § 1951, attempted Hobbs Act robbery in violation of 18 U.S.C. § 1951, and use of a firearm in furtherance of a “crime of violence” in violation of 18 U.S.C. § 924(c). The indictment also alleged two predicate crimes of violence: the conspiracy to commit Hobbs Act robbery and the attempted Hobbs Act robbery. Taylor pled guilty to conspiracy to commit Hobbs Act robbery and use of a firearm in furtherance of a “crime of violence,” and the Government agreed to dismiss the remaining charges. Taylor was convicted of using a firearm in furtherance of a “crime of violence” in violation of 18 U.S.C. § 924(c). On habeas review, Taylor asked the court to vacate his conviction and remand for resentencing based on the argument that the two predicate offenses are not “crimes of violence” under § 924(c). The U.S. Court of Appeals for the Fourth Circuit vacated Taylor’s § 924(c) conviction, finding that because the elements of attempted Hobbs Act robbery do not invariably require “the use, attempted use, or threatened use of physical force,” the offense does not qualify as a “crime of violence” under § 924(c).
The holding
Attempted Hobbs Act robbery does not qualify as a “crime of violence” under § 924(c)(3)(A) because no element of the offense requires proof that the defendant used, attempted to use, or threatened to use force. Justice Neil Gorsuch authored the 7-2 majority opinion. To convict a defendant of attempted Hobbs Act robbery, the prosecution must prove that the defendant intended to complete the offense and that the defendant completed a “substantial step” toward that end. Neither element requires proof that the defendant used, attempted to use, or threatened to use force (even though, in many cases, force is present). As such, attempted Hobbs Act robbery cannot constitute a “crime of violence” under § 924(c)(3)(A). Justice Clarence Thomas dissented, arguing that under the facts of this case, Taylor did in fact threaten violence, so his attempted Hobbs Act robbery was a “crime of violence” even if that incomplete crime might not be a crime of violence in some other hypothetical situation. Justice Samuel Alito also dissented, rejecting the majority’s categorical approach as disregarding the real world.
Argued by
- Rebecca Taibleson for the Petitioner
- Michael R. Dreeben for the Respondent
Case path
- Jul 2, 2021 granted
- Dec 7, 2021 argued
- Jun 21, 2022 decided