In Brown v. United States, No. 17-13993 (Nov. 12,
2019) (Martin, Rosenbaum, Jill Pryor) (per curiam), the Court granted the
parties' joint motion for summary reversal of the denial of a 2255 motion
challenging a 924(c) conviction.
First, the Court determined that Brown's 924(c) conviction
was predicated solely on Hobbs Act conspiracy. Although the indictment referenced both Hobbs
Act conspiracy and two drug trafficking crimes, and the factual proffer included
facts about the drug crimes, the plea agreement and plea colloquy showed that
Brown's 924(c) conviction was based solely on the Hobbs Act conspiracy. Those facts distinguished this case from In
re Navarro, where the plea agreement referred to both Hobbs Act conspiracy
and drug-trafficking crimes.
Second, and joining other circuits, the Court held that
Hobbs Act conspiracy was not a crime of violence under the elements clause in
924(c)(3)(A). The Court explained that
neither an agreement to commit a crime nor knowledge of the conspiratorial
goal necessarily requires the use, attempted use, or threatened use of
force. And a defendant's voluntary
participation in the conspiracy can manifest itself in countless non-violent
ways.
