United States v. Chappelle (7th Cir. July 2022)

The Federal Docket

August 9, 2022

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

Click here to read the opinion.

Tom Church - Tom is a trial and appellate lawyer focusing on criminal defense and civil trials. Tom is the author of "The Federal Docket" and is a contributor to Mercer Law Review's Annual Survey in the areas of federal sentencing guidelines and criminal law. Tom graduated with honors from the University of Georgia Law School where he served as a research assistant to the faculty in the areas of constitutional law and civil rights litigation. Read Tom's reviews on AVVO. Follow Tom on Linkedin.

Scroll to Top