Joining seven other circuits, the Second Circuit held that Hobbs Act robbery is not a “crime of violence” under the Guidelines for Career Offender, USSG 4B1.2(a), because the offense can be applied to conduct involving only violence against property, not against other people. The Court also upheld the district court’s finding that Application Note 1 to 4B1.2, which states that conspiracy to commit a crime of violence is a “crime of violence,” was not binding because the note is inconsistent with the text of 4B1.2 itself, which does not include conspiracy as one of the predicate offenses for career offender.
Appeal from the Southern District of New York
Opinion by Nardini, joined by Chin and Calabresi
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