Make it 6-0. Recently, in United States v. Bell, the Eighth Circuit found that Missouri second-degree robbery is not a crime of violence. Why? Well, because “in Missouri a defendant can be convicted of second-degree robbery when he has physical contact with a victim but does not necessarily cause physical pain or injury.” That quantum of force fails the Johnson test.If you have a case where your client has a conviction for Missouri second-degree robbery, that conviction is not a crime of violence or a violent felony. Check back with us later this week for more Bell deliciousness.
---From Kirk Redmond