Opinion
CRIMINAL ACTION 13-232
02-08-2024
UNITED STATES OF AMERICA v. ANTHONY ROBINSON
MEMORANDUM
Gerald Austin McHugh United States District Judge
Petitioner Anthony Robinson was convicted by a jury of two counts of Hobbs Act robbery, in violation of 18 U.S.C.§ 1951(a), and one count of brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). He was originally sentenced by Judge Schiller of this Court to a term of 360 months. After a successful appeal as to whether he was properly considered a career offender, he was resentenced to 180 months. He preserved the issue of whether Hobbs Act robbery qualified as a “crime of violence” under Section 924(c), seeking to benefit from the holding of United States v. Davis, 139 S.Ct. 2319 (2019).
Resolution of this remaining issue was deferred pending further development of the law from higher courts. Recently, in United States v. Stoney, 62 F.4th 108 (3d Cir. 2023), the Third Circuit held that completed Hobbs Act robbery remains a valid, predicate 924(c) “crime of violence.”
Consequently, Mr. Robinson is not entitled to further relief, and his motion will be denied.