O’Melveny Worldwide

Courthouse News Service: Supreme Court Narrows the Definition of Violent Crime

June 21, 2022

The US Supreme Court ruled 7-2 today that attempted robbery does not fall under the definition of a crime of violence, preventing those convicted under the Hobbs Act of facing additional prison time on top of a 20-year max sentence. The case stems from the 2003 murder of Martin Silvester where the defendant, Justin Taylor, was indicted on seven counts by a grand jury after he attempted to rob Silvester during a drug deal where Taylor’s accomplice shot Silvester. Taylor plead guilty to two of the counts, including Hobbs Act conspiracy and using a firearm during a crime of violence, which resulted in him being sentenced to 30 years in prison. “Whatever one might say about completed Hobbs Act robbery, attempted Hobbs Act robbery does not satisfy the elements clause,” the lead opinion read. O’Melveny partner Michael Dreeben represents Justin Taylor.

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