Sunday, November 13, 2016

Bell: The case so nice we're blogging it thrice

We’re making progress. Since Johnson, the Circuits have consistently held that robbery is not a crime of violence or a violent felony. Thus far, robbery has failed the federal enhancement test in the First Circuit, the Second Circuit (though the opinion has been vacated pending Beckles, you should still rely on its reasoning, and the reasoning of the district courts that agree), the Fourth Circuit, the Eighth Circuit, and the Ninth Circuit. We’re 5-0.

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

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