Brown v. United States, No. 17-13993 (11th Cir. 2019)
Annotate this CaseThe Eleventh Circuit reversed the district court's denial of petitioner's 28 U.S.C. 2255 motion to vacate his conviction under 18 U.S.C. 924(c)(1)(A) and the corresponding sentence. The court held that petitioner pleaded guilty to using or possessing a firearm in relation to and in furtherance of conspiracy to commit Hobbs Act robbery, and conspiracy to commit Hobbs Act robbery does not satisfy section 924(c)'s definitions of "crime of violence." The court explained that neither an agreement to commit a crime nor a defendant's knowledge of the conspiratorial goal necessitates the existence of a threat or attempt to use force. Accordingly, the court remanded for resentencing.
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