Robbery Case Study
Whether a Virginia robbery conviction qualifies as a 'crime of violence' for purposes of the federal career offender enhancement.
The Fourth Circuit held that Virginia robbery does not categorically qualify as a 'crime of violence' under the federal career offender guideline because Virginia robbery can be committed by intimidation alone, without the use of physical force. This ruling has significant implications for defendants with prior Virginia robbery convictions who face federal sentencing.
This federal case has important implications for Virginia defendants with prior robbery convictions who face federal charges. If a prior Virginia robbery conviction does not qualify as a 'crime of violence,' it cannot be used to trigger the federal career offender enhancement — which can dramatically reduce the recommended federal sentence. D.J. Rivera analyzes the impact of prior convictions on federal sentencing in every federal case.
This case involves § 18.2-58 / USSG § 4B1.1 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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