United States v. Taylor

Justin Eugene Taylor and a co-conspirator intended to rob a drug dealer, who ended up being shot during the transaction. The Government’s indictment charged Taylor on seven counts, including conspiracy to commit Hobbs Act robbery in violation of 18 U.S.C. § 1951, attempted Hobbs Act robbery in violation of 18 U.S.C. § 1951, and use of a firearm in furtherance of a “crime of violence” in violation of 18 U.S.C. § 924(c). The indictment also alleged two predicate crimes of violence: the conspiracy to commit Hobbs Act robbery and the attempted Hobbs Act robbery. Taylor pled guilty to conspiracy to commit Hobbs Act robbery and use of a firearm in furtherance of a “crime of violence,” and the Government agreed to dismiss the remaining charges. Taylor was convicted of using a firearm in furtherance of a “crime of violence” in violation of 18 U.S.C. § 924(c). On habeas review, Taylor asked the court to vacate his conviction and remand for resentencing based on the argument that the two predicate offenses are not “crimes of violence” under § 924(c). The U.S. Court of Appeals for the Fourth Circuit vacated Taylor’s § 924(c) conviction, finding that because the elements of attempted Hobbs Act robbery do not invariably require “the use, attempted use, or threatened use of physical force,” the offense does not qualify as a “crime of violence” under § 924(c). The case was decided on June 21, 2022. The Court held that Attempted Hobbs Act robbery does not qualify as a “crime of violence” under §924(c)(3)(A) because no element of the offense requires proof that the defendant used, attempted to use, or threatened to use force. Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Breyer, Sotomayor, Kagan, Kavanaugh, and Barrett joined. Justice Thomas and Justice Alito filed dissenting opinions. Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/20-1459