United States v. Garcia-Ortiz, No. 16-1405 (1st Cir. 2018)
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The First Circuit affirmed Defendant’s conviction stemming from an armed robbery committed in Puerto Rico and the sentence imposed, holding that armed robbery committed in violation of the Hobbs Act, 18 U.S.C. 1951, qualifies as a “crime of violence” under 18 U.S.C. 924(c) and that Defendant's sentence was not an abuse of discretion.
Defendant stood convicted of aiding and abetting a robbery committed in violation of the Hobbs Act and aiding and abetting felony murder in the course of using or carrying a firearm in relation to a crime of violence. Defendant’s conviction for felony murder rested on the proposition that his offense that led to a death - armed robbery in violation of the Hobbs Act - was a “crime of violence” under section 924(c). On appeal, Defendant argued that his armed robbery conviction did not qualify as a crime of violence and challenged the imposition of a restitution order. The First Circuit affirmed, holding (1) a conviction for Hobbs Act robbery categorically constitutes a “crime of violence” under section 924(c)’s force clause; (2) the district court did not err in ordering restitution; and (3) the district court did not otherwise abuse its discretion in sentencing Defendant.
The court issued a subsequent related opinion or order on September 18, 2018.
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