Summary
This Fifth Circuit opinion addresses whether a prior Texas robbery conviction qualifies as a "crime of violence" under the U.S. Sentencing Guidelines following a November 2023 amendment that specifically defined "robbery." The court holds that the intervening amendment distinguishes prior circuit precedent, but concludes that the elements of the Texas statute are the same or narrower than the amended Guidelines definition. Consequently, the court affirms the district court's determination that the conviction constitutes a crime of violence and upholds the defendant's sentence.
Topics
Practice areas
Questions Presented
- Whether the 2023 amendment to the Sentencing Guidelines supersedes Fifth Circuit precedent that Texas robbery is a crime of violence
- Whether Wickware's Texas robbery conviction qualifies as a crime of violence under the amended Guidelines
Holdings
- The amendment does not overrule prior Fifth Circuit precedent; Texas robbery remains a crime of violence under the Guidelines.
- Wickware's robbery conviction does constitute a crime of violence under U.S.S.G. § 4B1.2(a)(2).
Key quotations
“We hold that the elements of robbery under § 29.02 are the same or narrower than those of the Guidelines’ generic robbery offense.”
Factual background
Wickware was convicted of a Texas robbery in 2017 and later pleaded guilty to possessing a firearm as a convicted felon. The sentencing court treated the robbery conviction as a crime of violence under the Guidelines, leading to a 24‑month imprisonment term.
Procedural history
Wickware was convicted of robbery in Texas (2017) and later pleaded guilty to unlawful possession of a firearm as a felon. The district court sentenced him to 24 months, finding his robbery conviction a crime of violence under the Sentencing Guidelines. Wickware appealed, arguing that the 2023 amendment to the Guidelines changed the definition of robbery.