United States v. Hendricks

The Second Circuit affirmed defendant's conviction and sentence for credit union robbery and using a firearm during a crime of violence. The court held that federal credit union robbery, in violation of 18 U.S.C. 2113(a), is categorically a "crime of violence" for the purposes of a conviction for using a firearm during a crime of violence under 18 U.S.C. 924(c)(1)(A)(ii); although the district court abused its discretion in admitting the customer service representative's testimony regarding the robbery's impact on her in the aftermath of the crime, the error was harmless in light of the totality of circumstances presented in this record; the district court did not abuse its discretion by admitting testimony from other victims of the robbery; the district court did not abuse its discretion by excluding a photograph of a third party that defendant claimed actually committed the robbery; and the district court did not err, much less plainly err, by sentencing defendant as a career offender under the residual clause of the 2014 edition of United States Sentencing Guidelines section 4B1.2(a)(2). View "United States v. Hendricks" on Justia Law