Legal Opinion

United States v. McDaniels

District Court, E.D. Virginia

Decided November 23, 2015No. Case No. 1:15-cr-171PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM OPINION

T. S. Ellis, III, United States District ■ Judge

A five-count superseding indictment has issued charging defendant with: (i) one count of conspiracy to commit Hobbs Act robbery, 18 U.S.C. § 1951(a): (ii) two counts of Hobbs Act robbery, 18 U.S.C. § 1951(a); and (iii) two counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence, 18 U.S.C. § 924(c)(1)(A)(ii). At issue oh this pre-trial motion to dismiss two counts of the superseding indictment is whether Hobbs Act robbery qualifies as a predicate crime of violence for § 924(c)(1)(A)…

2Cases cited37 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Alleyne v. United StatesSupreme Court of the United States · 2013
  3. Johnson v. United StatesSupreme Court of the United States · 2015
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Shepard v. United StatesSupreme Court of the United States · 2005

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3Cited by18 opinions

  1. In re: James Allen Irby, III v.Court of Appeals for the Fourth Circuit · 2017
  2. United States v. BellDistrict Court, N.D. California · 2016
  3. United States v. ChecoraDistrict Court, D. Utah · 2015
  4. United States v. SmithDistrict Court, D. Nevada · 2016
  5. United States v. HernandezDistrict Court, D. Maine · 2017

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