Wednesday, November 29, 2017

11/29/17: Arizona robbery is a crime of violence under 4B1.2

In United States v. Molinar, --- F.3d ---, No. 15-10430 (9th Cir. 2017), a divided panel concluded that Arizona robbery (and armed robbery) is a match for generic robbery.  Thus, it is crime of violence under under section 4B1.2’s enumerated felonies clause.  The Court also determined that Arizona attempt is equivalent to generic attempt.

Of note, the Court held that its prior conclusion in United States v. Taylor, 529 F.3d 1232 (9th Cir. 2008) -- that Arizona armed robbery is a crime of violence section 4B1.2’s force clause -- is clearly irreconcilable with the Supreme Court’s decision in Johnson v. United States, 559 U.S. 133 (2010), and has therefore been effectively overruled.  But this does not help the defendant here.