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U.S. v. Burns

Under 'McCoy'Completed Hobbs Act Robbery Is Categorically a 'Crime of Violence'

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MEMORANDUM & ORDER Tashawn Burns (“Defendant”) is charged with Hobbs Act Conspiracy (“Count One”); Hobbs Act Robbery (“Count Two”) and Brandishing a Firearm During a Crime of Violence (“Count Three”). (See Superseding Indictment, ECF No. 41.) Defendant, presumably pursuant to Federal Rule of Criminal Procedure (“Rule”) 12, moves to dismiss Count Three of the Superseding Indictment (hereafter the “Motion”). (See Motion, ECF No. 80.) For the reasons that follow Defendant’s Motion is DENIED. BACKGROUND The following statement of facts is drawn from the superseding indictment,1 and the United States’ Opposition to Defendant’s Motion (Opp’n, ECF No. 83.)2 “On September 9, 2019, in front of a residence located in Valley Stream, New York, [Defendant] and his co-conspirator Daniel Jones, exited a car driven by Ricardo Franco.” (Opp’n at 1). Defendant “was armed with a semi-automatic handgun.” (Id.) As Defendant was exiting the vehicle, “four victims were in the process of entering their cars and entering a residential home.” (Id.) Defendant “approached the victims and brandished his firearm, while Jones took property from some of the victims.” (Id.) PROCEDURAL HISTORY On November 21, 2020, a grand jury in the Eastern District of New York returned an indictment charging Defendant with Hobbs Act Robbery Conspiracy, in violation of Title 18, United States Code, Sections 1951(a) and 3551 et seq.; Hobbs Act Robbery, in violation of Title 18, United States Code, Sections 1951(a) and 3551 et seq.; and Brandishing a Firearm During a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i), 924(c)(1)(A)(ii), 2 and 3551 et seq. (See Indictment, ECF No. 1,

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