Archive | violent felony

Tuesday, December 10th, 2019

Second Circuit restates its holding that Connecticut’s simple robbery statute, Conn. Gen. Stat. § 53a-133, qualifies as a violent felony under ACCA’s force clause. Estremera v. United States, No. 17-831-pr, __ F. 3d__, 2019 WL 6690775 (Dec. 9, 2019).

In Shabazz v. United States, 912 F.3d 73 (2d Cir. 2019), the Circuit held that Connecticut’s simple robbery statute, Connecticut General Statute § 53a-133, qualifies as a violent felony under the force clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1) (“ACCA”). Id. at 78.

Here, the Circuit holds that Shabazz “resolves” Petitioner Nelson Estremera’s claims that his Connecticut convictions for first-degree robbery and attempted robbery, in violation of Conn. Gen. Stat. §§ 53a-134(a)(3) and 53a-49, and for second-degree robbery and conspiracy to commit robbery, in violation of Conn. Gen. Stat. §§ 53a-135(a)(1) and 53a-48 do not qualify as ACCA predicates. Estremera, 2019 WL 6690775 at * 2.  [17-831_Documents.]

All Connecticut first-degree robbery offenses — the Circuit holds — are qualifying ACCA predicates. It states that although Connecticut’s first-degree robbery statute, Conn. Gen. Stat. § 53a-134(a), enumerates different ways of committing first-degree robbery, “every …

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Categories: ACCA, Johnson, violent felony

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Categories: ACCA, Johnson, violent felony

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