From Casetext: Smarter Legal Research

United States v. Thompson

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION
Apr 18, 2019
CRIMINAL NO. 3:18-CR-179-CWR-LRA (S.D. Miss. Apr. 18, 2019)

Opinion

CRIMINAL NO. 3:18-CR-179-CWR-LRA

04-18-2019

UNITED STATES OF AMERICA v. DARRYL DE'MONTE THOMPSON


ORDER DENYING MOTION TO DIMISS

Before the Court is the defendant's Motion to Dismiss Count Two of the indictment. Docket No. 33. The Court held a hearing on the matter on April 18, 2019. After reviewing the briefings and hearing the arguments, the Court denies the motion.

The Fifth Circuit maintains that Hobbs Act robbery (18 U.S.C. § 1951(a)) qualifies as a predicate "crime of violence" (COV) under 18 U.S.C. § 924(c)(3)(A). See United States v. Buck, 847 F.3d 267, 274 (5th Cir. 2017); see also United States v. Curtis, 755 F. App'x 435 (5th Cir. Mar. 4, 2019). Furthermore, the two cases urged by the defendant, U.S. v. Davis and U.S. v. Lewis, do not support dismissal of this count. 903 F.3d 483 (5th Cir. 2018) and 907 F.3d 891 (5th Cir. 2018). All other arguments presented by the defendant are also unavailing. Therefore, the motion is denied.

SO ORDERED, this the 18th day of April, 2019.

s/ Carlton W. Reeves

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Thompson

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION
Apr 18, 2019
CRIMINAL NO. 3:18-CR-179-CWR-LRA (S.D. Miss. Apr. 18, 2019)
Case details for

United States v. Thompson

Case Details

Full title:UNITED STATES OF AMERICA v. DARRYL DE'MONTE THOMPSON

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

Date published: Apr 18, 2019

Citations

CRIMINAL NO. 3:18-CR-179-CWR-LRA (S.D. Miss. Apr. 18, 2019)