State v. Salim

2 Citing cases

  1. United States v. Douglas

    Case No. 11-CR-0324(1) (PJS/LIB) (D. Minn. Oct. 19, 2017)   Cited 2 times

    See Minn. Stat. ยง 609.245, subd. 1 ("Whoever, while committing a robbery, is armed with a dangerous weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is guilty of aggravated robbery in the first degree . . . .") (emphasis added); State v. Salim, No. A16-0294, 2017 WL 562499, at *6 (Minn. Ct. App. Feb. 13, 2017) ("A simple robbery is necessarily included in aggravated robbery because it is impossible to commit an aggravated robbery without committing a simple robbery." (citation and quotation marks omitted)).

  2. Ward v. United States

    Case No. 1:16-CV-00282-EJL (D. Idaho May. 18, 2017)   Cited 2 times
    In Ward, Judge Lodge went on to conclude that the defendant's conviction under Idaho Code section 18-901(b) was a crime of violence.

    Again, the Court disagrees. The cases are not incompatible and Stanifer has been applied consistently by Minnesota courts and was recently reaffirmed by the Minnesota Court of Appeals in State v. Salim, 2017 WL 562499 (Minn. Ct. App. Feb. 13, 2017) ("S]ince Stanifer was decided in 1986, it has not been called into question by any subsequent decision of this court or the supreme court"). It is beyond dispute that a simple robbery conviction in Minnesota requires the use of force.