Summary
The Third Circuit held that a Pennsylvania robbery conviction under 18 Pa. Cons. Stat. § 3701(a)(1)(ii) qualifies as a "crime of violence" under U.S.S.G. § 4B1.2(a)'s elements clause, supporting a sentencing enhancement under U.S.S.G. § 2K2.1(a)(4). The court determined that § 3701(a) is divisible, and subsection (ii)—which requires threatening another with or intentionally putting them in fear of immediate serious bodily injury—necessarily involves the threatened use of physical force with an intentional mens rea. Applying the categorical and modified categorical approaches, the court affirmed the district court's application of the enhancement for the defendant's prior robbery conviction.
Topics
Practice areas
Questions Presented
- Whether the District Court correctly concluded that Henderson's prior conviction under 18 Pa. Cons. Stat. § 3701(a)(1)(ii) qualifies as a 'crime of violence' under U.S.S.G. § 4B1.2(a).
- Whether the Pennsylvania robbery statute, 18 Pa. Cons. Stat. § 3701(a)(1), is divisible.
- Whether subsection (ii) of the Pennsylvania robbery statute satisfies the elements clause of U.S.S.G. § 4B1.2(a)(1) requiring the threatened use of physical force against another with an intentional mens rea.
Holdings
- Yes, the statute is divisible because its subsections set out alternative elements with different penalties, as previously held in Peppers and Blair.
- Yes, subsection (ii) qualifies as a crime of violence under the elements clause because it requires the threatened use of physical force against another with an intentional mens rea.
Key quotations
“The Guidelines define a 'crime of violence' as any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that— (1) has as an element the use, attempted use, or threatened use of physical force against the person of another, or (2) is murder, voluntary manslaughter, kidnapping, aggravated assault, a forcible sex offense, robbery, arson, extortion, or the use or unlawful possession of a firearm described in 26 U.S.C. § 5845(a) or explosive material as defined in 18 U.S.C. § 841(c).” (4)
“The subsections of § 3701(a)(1) are not separate means of satisfying a specific element, but rather 'clearly la[y] out alternative elements' for separate robbery offenses.” (7)
“The plain language of subsection (ii) satisfies this requirement. The statute states that the threatened force must place the victim in fear of immediate 'serious bodily injury.'” (9)
“Because subsection (ii) requires proof that the victim was threatened with, or put in fear of, immediate serious bodily injury, it contemplates a level of force that is capable of causing physical pain or injury and therefore satisfies the force provision of § 4B1.2(a)’s elements clause.” (9-10)
Factual background
In 2019, police stopped Henderson for a traffic violation, searched his vehicle, and found a loaded semi-automatic firearm with an obliterated serial number and ammunition. Henderson pled guilty to being a felon in possession of a firearm. He had a prior Pennsylvania robbery conviction under 18 Pa. Cons. Stat. § 3701(a)(1)(ii). At sentencing, the District Court applied a sentencing enhancement based on that conviction being a crime of violence.
Procedural history
Henderson pled guilty to possession of a firearm by a convicted felon. The District Court applied a sentencing enhancement under U.S.S.G. § 2K2.1(a)(4) based on his prior Pennsylvania robbery conviction. Henderson appeals.