In United States v. Taylor, the Supreme Court held that attempted Hobbs Act robbery does not qualify as a “crime of violence” under 18 U.S.C. §924(c). Under 18 U.S.C. § 924(c)(3), “crime of violence” is defined as a felony offense and “has an element the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a force against the person or property of another may be used in the course of committing the offense.”

Following Taylor, courts have been determining what crimes are considered “crimes of violence” under 18 U.S.C. § 924(c). In a recent Third Circuit Court of Appeals case, the court found that attempted bank robbery cannot serve as a predicate offense for a crime of violence. United States v. Washington, 2023 U.S. App. LEXIS 8941 (3d Cir. Apr. 14, 2023). In Washington, the Third Circuit found that that because Taylor found that attempted Hobbs Act robbery is not a crime of violence under the elements clause and another Supreme Court case, Davis found that the residual clause is unconstitutional, that Taylor’s holding extends to attempted bank robbery. Also, the Seventh Circuit recently held that aiding and abetting a Hobbs Act robbery was considered a crime of violence. The Court discussed that although an aider and abettor does not need to participate in each element of the offense, a defendant can aid and abet a Hobbs Act robbery without using force, because of the Supreme Court’s decision in Gonzales v. Duenas-Alvarez (holding that aiding and abetting a state theft offense was a theft offense subjecting a noncitizen to removal) was not overruled by Taylor, the same reasoning applied in this case.

Following Taylor, what conduct constitutes a “crime of violence” is not exactly clear. The definition will be clarified as more cases are decided. LGR Law, LLC’s federal criminal defense attorneys have the essential skills to protect your legal rights. Should you or a loved one face accusations of wire fraud or receive any indication of being a target of a federal investigation, contact Lorraine Gauli-Rufo, and the attorneys at LGR Law. (973) 239-4300, www.lgrlawgroup.com, [email protected].