U.S. v. McHenry

Dist. Ct. did not err in denying defendant’s motion to dismiss four counts of his indictment alleging use, carrying and brandishing firearm during and in relation to crime of violence, i.e., Hobbs Act robbery offense, even though defendant argued that Hobbs Act robbery does not qualify as crime of violence under section 924(c)(3)(A). Hobbs Act defines robbery as taking or obtaining property from another by means of actual or threatened force, violence or fear of injury, immediate or future, to his person or property, and Ct. has previously found that committing such act necessarily required use or threat of force, which qualifies Hobbs Act robbery as crime of violence.