In United States v. Woodberry, --- F.3d ---, No. 19-30225 (9th Cir. 2021), the Court affirmed the defendants' convictions for Hobbs Act robbery and possessing a short-barreled shotgun in furtherance of a crime of violence.
The opinion's conclusion tells you what you need to know:
"We hold that the district court did not err in instructing the jury that the 'market for marijuana, including its intrastate aspects, is commerce over which the United States has jurisdiction,' or the 'commerce' element of Hobbs Act robbery could be established if the robbery 'could' affect commerce over which the United States has jurisdiction. Finally, we hold that the short-barreled element in § 924(c)(1)(B)(i) does not contain a separate mens rea requirement."
Also, "we hold that the short-barrel provision in § 924(c)(1)(B)(i) is an essential element that must be proven to a jury beyond a reasonable doubt," not a mere sentencing enhancement.
