Second Circuit – Attempted Hobbs Act robbery: United States v. Collymore

United States Court of Appeals for the Second Circuit

Attempted Hobbs Act robbery

Plea – First Step Act mandatory minimum

United States v. Collymore

19-596

Judges Sullivan, Park, and Nardini

Background: In 2021, the Second Circuit affirmed the defendant’s conviction for brandishing, and discharging a firearm and in relation to an attempted Hobbs Act robbery, and for the murder of an individual with a firearm during and in relation to an attempted Hobbs Act robbery. The Supreme Court vacated the judgment and remanded for reconsideration in light of United States v. Taylor 142 S. Ct. 2015 (2022). The defendant also argued that, by the time he was sentenced the First Step Act was signed into law, eliminating the enhanced penalty for multiple section 924(c) convictions charged in the same indictment where there are no prior 924(c) convictions on record.

Ruling: The Second Circuit vacated the convictions related to the defendant’s use of a firearm in conjunction with attempted Hobbs Act robbery as it is not considered a crime of violence. However, with regard to the defendant’s challenge to his plea, the court noted that the defendant was repeatedly informed before sentencing about the new mandatory-minimum under the First Step Act, but he never requested to withdraw his plea or indicate dissatisfaction with it. Thus the conviction was affirmed in all other respects.

Jared Lenow, assistant United States attorneys, for the appellee; Michelle Anderson Barth for the defendant-appellant.

Oral argument audio