Opinion
Crim. No. 1:14-cr-015
05-16-2017
UNITED STATES OF AMERICA v. NATHAN MOSLEY
MEMORANDUM
Before the court is a motion filed pursuant to 18 U.S.C. § 2255 by Defendant Nathan Mosley ("Mosley"). In the motion, Mosley claims that Hobbs Act robbery, in violation of 18 U.S.C. § 1951, is not a crime of violence pursuant to Johnson v. United States, ___ U.S. ___, 135 S. Ct. 2551 (2015), a case in which the Supreme Court held that the residual clause of the Armed Career Criminal Act ("ACCA") is unconstitutionally vague. Mosley claims that the application of § 924(c)(3)(B)'s residual clause is the same as the residual clause contained in the ACCA, and is therefore unconstitutional.
I. Discussion
A stay of the motion was granted pending a decision in United States v. Robinson, 844 F.3d 137 (3d Cir. 2016). On December 19, 2016, the Third Circuit rendered a decision and held that, where the offense of robbery and brandishing a gun have been tried together and the defendant has been found guilty of both offenses, Hobbs Act robbery qualifies as a crime of violence under § 924(c)(3)(A)'s elements clause. Id. at 141. Therefore, the application of § 924(c)(3)(A)'s residual clause is not necessary.
Mosley pleaded guilty to both offenses. --------
II. Conclusion
For the foregoing reason, the motion will be denied. An appropriate order will issue.
s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge Dated: May 16, 2017