Carlos Robinson v. United States of America

Summary

The United States District Court for the Eastern District of Missouri denied Carlos Robinson’s motions under 28 U.S.C. § 2255 challenging his convictions under 18 U.S.C. § 924(c). The court held that completed Hobbs Act robbery is divisible from attempted Hobbs Act robbery and remains a crime of violence under binding Eighth Circuit precedent. The court also denied the government’s motion to dismiss as moot and declined to issue a certificate of appealability.

Holdings

1. The Hobbs Act is divisible into separate offenses, including completed robbery and attempted robbery, because those offenses have different elements.
2. Robinson's § 924(c) convictions in Counts 2 and 4 were predicated on completed Hobbs Act robberies charged in Counts 1 and 3, not on attempted robbery.
3. Completed Hobbs Act robbery qualifies as a crime of violence under the elements clause of § 924(c)(3)(A).
4. Robinson was not entitled to vacatur, resentencing, or an evidentiary hearing because the record conclusively established that his § 924(c) convictions rested on completed Hobbs Act robberies that qualify as crimes of violence.

Questions Presented

1. Whether attempted and completed Hobbs Act robbery are separate, divisible offenses for purposes of determining whether the predicate offense qualifies as a crime of violence under 18 U.S.C. § 924(c)(3)(A).
2. Whether Robinson was convicted of attempted rather than completed Hobbs Act robbery in the counts underlying his § 924(c) convictions.
3. Whether completed Hobbs Act robbery categorically qualifies as a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A) after United States v. Taylor.
4. Whether Robinson was entitled to relief under 28 U.S.C. § 2255 or an evidentiary hearing.
5. Whether a certificate of appealability should issue.

Disposition

denied