nder New York Law, Robbery Not Necessarily “Crime of Violence” for Career Criminal Enhancements

After reviewing the New York statute on first-degree robbery, a federal circuit court held that language in the statute prevents it from being an inherent “crime of violence” for federal sentencing guidelines

United States v. Jones, 2016 BL 233942, 2d Cir., No. 15-1518-cr, 7/21/16.

The Second Circuit held that robbery is not necessarily a “crime of violence” for purpose of the career-offender enhancement under federal sentencing guidelines. While the facts of the actual robbery were not considered by the court, it examined what constituted a robbery under the New York statute, concluding that a person can commit robbery without taking any “violent” actions. Some actions, such as possessing a weapon without ever brandishing it during the crime, were especially significant to the court in making this decision.

The Second Circuit relied on the U.S. Supreme Court decision, United States v. Jones, where the court held that a violent felony under the Armed Career Criminal Act requires an element of “violent force.” The court looking at the New York statute and found that “a robber's possession of a concealed and unmentioned weapon while he commits a robbery can support a first-degree robbery conviction under [New York law] but such possession cannot turn what is otherwise less-than-violent force into violent force.”

As of August 1, the U.S. Sentencing Commission’s will release a new set of sentencing guidelines regarding what constitutes a "crime of violence."

http://www.bloomberglaw.com/public/document/United_States_v_Jones_No_151518cr_2016_BL_233942_2d_Cir_July_21_2.