United States v. Eckford

24 Citing cases

  1. United States v. Jones

    No. 23-3045 (9th Cir. Nov. 22, 2024)

    " United States v. Eckford, 77 F.4th 1228, 1233 (9th Cir. 2023) (citation omitted).

  2. United States v. Gomez

    115 F.4th 987 (9th Cir. 2024)

    When an appeal presents a pure question of law and the opposing party is not prejudiced by the defendant's failure to object, we may apply de novo review in our discretion. United States v. Eckford, 77 F.4th 1228, 1231 (9th Cir. 2023).

  3. United States v. Crain

    2:17-cr-00325-RFB-VCF (D. Nev. Apr. 30, 2024)

    The Ninth Circuit has already held that federal carjacking categorically is a crime of violence under § 924(c)(1)(A). United States v. Gutierrez, 876 F.3d 1254, 1257 (9th Cir. 2017) (per curiam); see also United States v. Eckford, 77 F.4th 1228 (9th Cir. 2023) (applying the reasoning in Gutierrez post-Davis to hold Hobbs Act robbery is a crime of violence under § 924(c)(1)(A)); United States v. Buck, 23 F.4th 919 (9th Cir. 2022) (similar); United States v. Burke, 943 F.3d 1236 (9th Cir. 2019) (similar). Therefore, the Court finds that Mr. Crain's second ground for relief is foreclosed by binding case law.

  4. United States v. Franklin

    CR 19-06-H-BMM (D. Mont. Feb. 14, 2024)

    More recently, in United States v. Eckford, 77 F.4th 1228 (9th Cir. 2023), the Ninth Circuit reasserted that “Hobbs Act robbery is a crime of violence, and that aiding and abetting a crime of violence is also a crime of violence.” Eckford, 77 F.4th at 1237 (internal citations omitted).

  5. United States v. Navaro

    2:15-cr-00180-RFB-1 (D. Nev. Jan. 24, 2024)

    The Ninth Circuit has held that federal carjacking is categorically a crime of violence under § 924(c). United States v. Gutierrez, 876 F.3d 1254 (9th Cir. 2017); see also United States v. Eckford, 77 F.4th 1228 (9th Cir. 2023) (applying the reasoning in Gutierrez post-Davis to hold Hobbs Act robbery is a crime of violence under § 924(c)(1)(A)); United States v. Buck, 23 F.4th 919 (9th Cir. 2022) (similar); United States v. Burke, 943 F.3d 1236 (9th Cir. 2019) (similar). The Ninth Circuit has also affirmed that

  6. United States v. Beltran

    1:18-cr-00153-JLT-SKO (E.D. Cal. Jan. 11, 2024)

    (Doc. 85.) On November 21, 2023, the Court issued another stay pending the outcome of the appeal from the Ninth Circuit's decision in United States v. Eckford, 77 F.4th 1228 (9th Cir. 2023). (Doc

  7. United States v. Dorsey

    No. 19-50182 (9th Cir. Dec. 4, 2024)

    See United States v. Benally, 843 F.3d 350, 353 (9th Cir. 2016). Our decision in United States v. Eckford, 77 F.4th 1228 (9th Cir. 2023), forecloses Dorsey's arguments that neither Hobbs Act robbery nor aiding and abetting Hobbs Act robbery constitute a crime of violence.

  8. United States v. Barrett

    102 F.4th 60 (2d Cir. 2024)   Cited 24 times
    Noting "longstanding rule that a panel of our court is bound by the decisions of prior panels until such times as they are overruled either by an en banc panel of our court or by the Supreme Court"

    The ten of our sister circuits to have considered similar post-Taylor challenges to the identification of substantive Hobbs Act robbery as a § 924(c)(3)(A) crime of violence have reached the same conclusion. See Diaz-Rodriguez v. United States, No. 22-1109, 2023 WL 5355224, at *1 (1st Cir. Aug. 14, 2023); United States v. Stoney, 62 F.4th 108, 113-14 (3d Cir. 2023); United States v. Ivey, 60 F.4th 99, 116-17 (4th Cir. 2023); United States v. Hill, 63 F.4th 335, 363 (5th Cir. 2023); United States v. Honeysucker, No. 21-2614, 2023 WL 142265, at *3 n.4 (6th Cir. Jan. 10, 2023); United States v. Worthen, 60 F.4th 1066, 1068-71 (7th Cir. 2023); United States v. Moore, No. 22-1899, 2022 WL 4361998, at *1 (8th Cir. Sept. 21, 2022); United States v. Eckford, 77 F.4th 1228, 1232-36 (9th Cir. 2023); United States v. Baker, 49 F.4th 1348, 1360 (10th Cir. 2022); United States v. Wiley, 78 F.4th 1355, 1364-65 (11th Cir. 2023). It is, of course, "a longstanding rule that a panel of our [c]ourt is bound by the decisions of prior panels until such times as they are overruled either by an en banc panel of our [c]ourt or by the Supreme Court."

  9. Mohammed v. United States

    99 F.4th 129 (2d Cir. 2024)   Cited 5 times

    and abetting carjacking resulting in death" because "aiders and abettors are treated as principals."); United States v. Hill, 63 F.4th 335, 362-63 (5th Cir. 2023) ("[W]e conclude that the substantive equivalence of aiding and abetting liability with principal liability means that aiding and abetting Hobbs Act robbery is, like Hobbs Act robbery itself, a crime of violence."); Nicholson v. United States, 78 F.4th 870, 880-81 (6th Cir. 2023) ("VICAR [(Violent Crimes in Aid of Racketeering)] aiding-and-abetting assault with a dangerous weapon qualifies as a crime of violence because an element of the offense requires a finding of the use or threatened use of physical force."); United States v. Worthen, 60 F.4th 1066, 1067-71 (7th Cir. 2023) (holding that because an aider and abettor of a substantive offense "necessarily commits all the elements" of the offense, when the substantive offense satisfies § 924(c)(3)(A), aiding and abetting the offense qualifies as a crime of violence as well); United States v. Eckford, 77 F.4th 1228, 1236-37 (9th Cir. 2023) ("Taylor dealt with an inchoate crime, an attempt, and does not undermine our precedent on aiding and abetting liability" because "aiding and abetting is a different means of committing a single crime, not a separate offense itself." (citation and internal quotations omitted));

  10. United States v. Medina-Luna

    98 F.4th 976 (9th Cir. 2024)   Cited 2 times

    In a few cases, we have cited Miller and erroneously appended an unexplained notation that Miller has been "overruled on other grounds by Sanchez v. Mayorkas, 593 U.S. 409, 141 S.Ct. 1809, 210 L.Ed.2d 52 (2021)." E.g., Punchbowl, Inc. v. AJ Press, LLC, 90 F.4th 1022, 1031 (9th Cir. 2024); United States v. Eckford, 77 F.4th 1228, 1233 (9th Cir. 2023), cert. denied, — U.S. —, 144 S. Ct. 521, 217 L.Ed.2d 274 (2023). By contrast, in dozens of our recent cases, we have used the proper citation formatting for Miller, with no reference to Sanchez or to Miller's having been overruled.