Legal Opinion

United States v. Clarke

District Court, D. Maryland

Decided March 22, 2016No. CRIMINAL NO. JKB-15-503PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

James K. Bredar, United States District Judge

On September 16, 2015, a Grand Jury sitting in the District of Maryland returned an Indictment against Swain Clarke (“Defendant”), charging him with twenty counts of Interference with Commerce by Robbery in violation of 18 U.S.C. § 1951(a) (“Hobbs Act robbery”) and nine counts of brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c). On January 28, 2016, Defendant moved to dismiss all counts under § 924(c), contending that Hobbs Act robbery categorically fails to qualify as a “crime of…

2Cases cited24 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Johnson v. United StatesSupreme Court of the United States · 2010
  5. James v. United StatesSupreme Court of the United States · 2007

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3Cited by2 opinions

  1. United States v. HernandezDistrict Court, D. Maine · 2017
  2. Cameron v. United StatesDistrict Court, D. Utah · 2022

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