United States v. Jones

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Arizona armed robbery does not qualify as a violent felony under either the force clause or the enumerated felonies clause of the Armed Career Criminal Act (ACCA). In this case, the Ninth Circuit reversed the district court's denial of a motion to vacate, set aside, or correct defendant's sentence under 28 U.S.C. 2255. In the panel's recent decision in United States v. Molinar, No. 15-10430, 2017 WL 5760565 (9th Cir. Nov. 29, 2017), the panel applied the categorical approach to determine that Arizona armed robbery did not qualify as a crime of violence under the force clause of USSG 4B1.2(a). The panel held that Molinar's holding applied equally to the question of whether Arizona armed robbery was a violent felony under the ACCA's force clause. The panel remanded for further proceedings. View "United States v. Jones" on Justia Law