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United States v. Moore

United States Court of Appeals, Eighth Circuit
Sep 21, 2022
No. 22-1899 (8th Cir. Sep. 21, 2022)

Summary

holding in an unpublished, per curiam decision that although "the Supreme Court recently held that attempted Hobbs Act robbery is not a crime of violence, the plea agreement established that [defendant] pleaded guilty to completed Hobbs Act robbery, which is a crime of violence"

Summary of this case from United States v. Stoney

Opinion

22-1899

09-21-2022

United States of America Plaintiff - Appellee v. Jalon Moore Defendant-Appellant


UNPUBLISHED

Submitted: September 16, 2022

Appeal from United States District Court for the Eastern District of Missouri - St. Louis

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.

PER CURIAM.

Jalon Moore appeals after he pleaded guilty in the district court to five counts of Hobbs Act robbery and two counts of possessing or brandishing a firearm in furtherance of a crime of violence, pursuant to a plea agreement that included an appeal waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing the firearm convictions should be vacated. Moore filed a pro se brief seeking to challenge the robbery convictions.

The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri.

Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). Though the Supreme Court recently held that attempted Hobbs Act robbery is not a crime of violence, United States v. Taylor, 142 S.Ct. 2015, 2020 (2022), the plea agreement established that Moore pleaded guilty to completed Hobbs Act robbery, which is a crime of violence. Diaz v. United States, 863 F.3d 781, 783 (8th Cir. 2017).

We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel's motion to withdraw and we dismiss the appeal.


Summaries of

United States v. Moore

United States Court of Appeals, Eighth Circuit
Sep 21, 2022
No. 22-1899 (8th Cir. Sep. 21, 2022)

holding in an unpublished, per curiam decision that although "the Supreme Court recently held that attempted Hobbs Act robbery is not a crime of violence, the plea agreement established that [defendant] pleaded guilty to completed Hobbs Act robbery, which is a crime of violence"

Summary of this case from United States v. Stoney

articulating the Supreme Court's holding in Taylor

Summary of this case from United States v. Valentine
Case details for

United States v. Moore

Case Details

Full title:United States of America Plaintiff - Appellee v. Jalon Moore…

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 21, 2022

Citations

No. 22-1899 (8th Cir. Sep. 21, 2022)

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United States v. Stoney

We agree and hold that a completed Hobbs Act robbery is categorically a crime of violence under §…