ROBBERY

Issues

The Supreme Court will determine whether a conviction under the Florida robbery statute, which contains as an element “overcoming victim resistance,” constitutes a “violent felony” under the elements clause of the Armed Career Criminal Act (“ACCA”), thereby triggering enhanced sentencing under the ACCA. Petitioner Denard Stokeling (“Stokeling”) argues that under the ACCA, a “violent felony” involves the use of “violent force.” Stokeling maintains that Florida robbery is not a “violent felony” because only a slight amount of force suffices to meet its “overcoming victim resistance” element, which does not constitute “violent force.” Respondent United States (“Government”) contends that a “violent felony” under the ACCA is a felony “capable of causing pain or physical injury.” The Government asserts that Florida robbery is a “violent felony” because any act that violates the Florida robbery statute is by definition “capable of causing pain or physical injury.” From a policy perspective, this case is important because it will determine which criminals will be subjected to enhanced sentencing under the ACCA.

Questions as Framed for the Court by the Parties

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Issues

This case asks the Supreme Court to determine the meaning of the residual clause of 18 U.S.C. § 924(c)(3)(B), which defines Hobbs Act robbery, and whether the statute is constitutional. In 2015, Davis and Glover were convicted of several robberies under the Hobbs Act robbery statute. The two appealed their convictions to the Supreme Court after the Court in Sessions v. Dimaya held that the similarly worded “crime of violence” definition in the Immigration and Nationality Act was unconstitutional because the text was too vague. The United States government argues that the “crime of violence” language is constitutionally valid because the most appropriate reading of the statute implies analyzing an individual’s case and particularized facts, and not a “categorical approach” which looks at the ordinary expectations of the crime. The government further asserts that constitutional avoidance implies a categorical approach in conformity with congressional intent and the Constitution. Davis and Glover counter that the correct reading of Section 924(c)(3)(B) is a categorical approach as suggested by the text and placement within the statute. They further maintain that upholding the subsection under the doctrine of constitutional avoidance would upset the rule of lenity. The outcome of this case will determine the scope of the judiciary’s power to construe statute construction based on constitutionality and the occurrence of possible conviction reconsiderations for currently incarcerated individuals.

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