Second Circuit – Armed Career Criminal Act: United States v. Walker

United States Court of Appeals for the Second Circuit

Armed Career Criminal Act

New York’s second-degree robbery – Violent felony

United States v. Walker

18-1933(L)

Judges Jacobs, Carney, and Park

Background: Following an attempted robbery of a convenience store, the defendant was charged with one count of Hobbs Act robbery, one count of committing physical violence in furtherance of a Hobbs Act robbery, once count of possessing, brandishing, and discharging a firearm during a crime of violence and one count of being a felon in possession of ammunition. He was convicted on all counts after a trial. At sentencing, the violence-in-Hobbs Act robbery count was dismissed as duplicative of the Hobbs Act robbery count. The sentencing court also rejected the government’s argument that the Armed Career Criminal Act mandated a 15-year minimum period of incarceration. The court a sentence of time served on two counts and a 10-year mandatory minimum for the third count due to the defendant’s criminal history.

Ruling: The Second Circuit affirmed the conviction, but remanded for resentencing. The court held that it was an error to conclude that second-degree robbery in New York is not a violent felony for purposes of the ACCA.

Michael O. Hueston for the defendant-appellant-cross-appellee; Andrey Spektor, assistant United States attorney, for the appellee-cross-appellant.