Third Circuit Deems Pennsylvania Robbery Under 18 Pa. Cons. Stat. § 3701(a)(1)(ii) a "Crime of Violence" for Guidelines Purposes

In United States v. Henderson, ---F. 4th---, 2023 WL 5211335 (3d Cir. Aug. 15, 2023), the Third Circuit found that Pennsylvania robbery under 18 Pa. Cons. Stat. § 3701(a)(1)(ii) is a categorical "crime of violence" under the federal Sentencing Guidelines.  The Court reiterated its earlier holding that the Pennsylvania robbery statute is divisible for purposes of the categorical approach.  It then found that the version of the offense criminalized at § 3701(a)(1)(ii) counts as a "crime of violence" under the elements clause of U.S.S.G. § 4B1.2(a)(1) because it necessarily involves the threatened use of force against the person of another.  The Court did not reach the alternative question of whether the offense also qualifies as a "crime of violence" under § 4B1.2(a)(1)'s enumerated offenses clause.