Legal Opinion

United States v. Thorn

District Court, E.D. Pennsylvania

Decided October 19, 2017No. CRIMINAL ACTION NO. 17–61–1PublishedCited by 1 opinion

1Opinion of the CourtWendy Beetlestone, J.

OPINION

This case presents a straightforward but legally complex question in the developing area of federal sentencing law: Was Defendant Robert Thorn, Jr.'s prior conviction for robbery under Pennsylvania law a "crime of violence" as defined by the United States Sentencing Guidelines ("U.S.S.G" or "Sentencing Guidelines")? The answer requires analyzing Pennsylvania case law; parsing Pennsylvania's robbery statute; examining certain records underlying Defendant's state conviction; and applying what is known as the "categorical approach" to his state conviction. The Court concludes that, given…

2Cases cited15 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Government of the Virgin Islands v. Ernesto CarmonaCourt of Appeals for the Third Circuit · 1970

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3Cited by1 opinion

  1. United States v. SundayDistrict Court, W.D. Pennsylvania · 2018

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