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Showing posts from December, 2016

THE CATEGORICAL APPROACH DOES NOT APPLY TO A CONTEMPORANEOUS CRIME OF VIOLENCE AND A VIOLATION OF 18 U.S.C. § 924(c)

In two cases decided on December 19, 2016, United States v. Robinson, No. 15-1402, 2016 WL 7336609 and United States v.Galati, No. 15-1609, 2016 WL 7336610, the Circuit adopted a novel approach to addressing whether an offense qualifies as a crime of violence under 18 U.S.C. § 924(c).The Circuit held that the categorical approach, which directs a court to look only at the elements of the particular offense of conviction to determine whether it qualifies as a crime of violence (See Taylor v. United States, 495 U.S. 575 (1990)), does not apply when a 924(c) conviction is contemporaneous with the conviction for a crime of violence.The Court said that this is because the record of all necessary facts are before the district court.The facts of the charged offenses, either determined by a jury (as in Robinson) or admitted by the defendant during a guilty plea, unmistakably shed light on whether the purported crime of violence was committed with “the use, attempted use, or threatened use of …