Archive | crime of violence

In Pannell v. United States, No. 21–2849 (2d Cir. Aug. 28, 2024) (Menashi, joined by Raggi and Wesley), the Second Circuit held that postal robbery and aggravated postal robbery, 18 U.S.C. § 2114(a), even pursuant to a Pinkerton theory of liability, are 18 U.S.C. § 924(c) crimes of violence.

A jury convicted Pannell of conspiracy to commit postal robbery, aggravated postal robbery, and brandishing a firearm during and in relation to a crime of violence, namely, the aggravated postal robbery. After Johnson v. United States, 576 U.S. 591 (2015), and United States v. Davis, 588 U.S. 445 (2019), Pannell filed a successive 28 U.S.C. § 2255 motion challenging his § 924(c) conviction on the ground that aggravated postal robbery on a Pinkerton theory of liability was not a valid predicate crime of violence. The district court (Gershon, EDNY) denied the motion and the Second Circuit affirmed.

First, …

In yesterday’s United States v. Pastore, the Circuit (Walker, Sullivan, Nathan, C.JJ.) held attempted murder in aid of racketeering – specifically, attempted New York murder – is a “crime of violence” under 18 U.S.C. § 924(c).

The Circuit reasoned that, because murder requires someone to intentionally “’cause the death of another person,'” Slip Op. at 14 (quoting N.Y. Penal Law § 125.25(1)), and because “intentionally causing the death of another person involves the use of force,” id., attempting to murder requires the “attempted use . . . of physical force against the person . . . of another.”  § 924(c)(3)(A).

The Supreme Court’s ruling in United States v. Taylor, 142 S. Ct. 2015 (2022), the Circuit said, does not compel otherwise.  The Court there held attempted Hobbs Act robbery is not a “crime of violence” given that it can be committed by means of an “…

Do you have a client challenging a charge or conviction for attempted bank robbery in violation of 18 U.S.C. § 2113(a) and/or gun possession in relation to that crime in violation of § 924(c)?  Well, there’s good news and bad news.

First, the bad news: a two-judge panel of the Second Circuit has ruled attempted bank robbery — specifically, attempted robbery “by force and violence, or by intimidation,” § 2113(a) — is a “crime of violence” under § 924(c).  See Collier v. United States, No. 17-2402, ___ F.3d ___ (2d Cir. Mar. 1, 2021) (available here).

But now the good news: the panel based its ruling on “the text of the attempt crime that is set forth in § 2113(a), which expressly requires that the attempted taking — like the completed crime — be perpetrated ‘by force and violence, or by intimidation.'”  Slip Op. at 4.  Again: § …