USA v. Michael Young


NOT PRECEDENTIAL OPINION Coram: HARDIMAN, SHWARTZ and ROTH, Circuit Judges. Total Pages: 3. Judge: HARDIMAN Authoring.

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Case: 16-1728 Document: 003112793100 Page: 1 Date Filed: 12/04/2017 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 16-1728 ____________ UNITED STATES OF AMERICA v. MICHAEL YOUNG, Appellant ____________ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 2-14-cr-00183-002) District Judge: Honorable Michael M. Baylson ____________ Submitted Under Third Circuit L.A.R. 34.1(a) October 11, 2017 Before: HARDIMAN, SHWARTZ, and ROTH, Circuit Judges. (Filed: December 4, 2017) ____________ OPINION* ____________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Case: 16-1728 Document: 003112793100 Page: 2 Date Filed: 12/04/2017 HARDIMAN, Circuit Judge. Michael Young appeals his judgment of conviction under 18 U.S.C. § 924(c) for his participation in the armed robbery of a Philadelphia convenience store. We will affirm. I1 In May 2015, Young was simultaneously convicted of Hobbs Act robbery, 18 U.S.C. § 1951(a), and using or carrying a firearm during a crime of violence, 18 U.S.C. § 924(c)(1)(A). In this appeal, Young claims his Hobbs Act robbery conviction is not a crime of violence for purposes of § 924(c). In United States v. Robinson, we recently held that a Hobbs Act robbery conviction qualifies as a crime of violence under § 924(c) when the convictions are contemporaneous. See 844 F.3d 137, 143–44 (3d Cir. 2016). This is so because, in those circumstances, the jury necessarily finds that the defendant used a firearm while committing Hobbs Act robbery. Id. at 144. Just like Robinson, Young was found guilty of violating both the Hobbs Act and § 924(c). Because these charges were tried simultaneously before one jury, our inquiry “is not ‘is Hobbs Act robbery a crime of violence?’ but rather ‘is Hobbs Act robbery 1 The District Court had jurisdiction under 18 U.S.C. § 3231. We have jurisdiction under 28 U.S.C. § 1291. Because Young raises this issue for the first time on appeal, we review for plain error. See United States v. Robinson, 844 F.3d 137, 140 (3d Cir. 2016). 2 Case: 16-1728 Document: 003112793100 Page: 3 Date Filed: 12/04/2017 committed while [using or carrying] a firearm a crime of violence?’” Id. We held in Robinson that “[t]he answer to this question must be yes.” Id. The fact that Young used a firearm instead of brandishing it (as Robinson did) does nothing to change this analysis.2 Accordingly, the District Court committed no error—plain or otherwise—in classifying Young’s Hobbs Act robbery as a crime of violence. For that reason, we will affirm Young’s judgment of conviction. 2 While the defendant in Robinson was convicted of brandishing a firearm under § 924(c)(1)(A)(ii), the reasoning of that case extends to a § 924(c)(1)(A)(i) conviction where a jury finds that the defendant used or carried a gun. See 844 F.3d at 143–44. 3

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