Description: New York, New York criminal defense lawyer represented Defendant charged with a Hobbs Act robbery.

Chappelle was convicted of conspiracy to commit Hobbs Act
robbery. Application Note 1 to § 4B1.2 provides that, among other
things, a conspiracy to commit a crime of violence is itself a crime of
violence. The United States District Court for the Southern District of
New York (Laura Taylor Swain, Judge) held that it was not obligated
to defer to Application Note 1 because it was inconsistent with
§ 4B1.2(a).3 It therefore held that Chappelle’s conspiracy conviction
was not a “crime of violence,” calculated Chappelle’s advisory
Sentencing Guidelines without reference to the career offender
provisions, and sentenced him to time served followed by supervised
release. The Government appealed.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: