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TORRES v. UNITED STATES (2021)

United States Court of Appeals, Ninth Circuit.2021-01-26No. No. 17-15820

Summary

Holding. The court affirmed the district court's denial of Torres's motion to vacate his conviction and sentence.

Carlos Torres, a federal prisoner, sought to overturn his conviction and sentence for brandishing a firearm during a crime of violence under federal law. Torres argued that Hobbs Act robbery should not qualify as a crime of violence for purposes of the firearm statute. The appellate court rejected this challenge, noting that binding circuit precedent established that Hobbs Act robbery does constitute a crime of violence under the relevant legal framework.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether Hobbs Act robbery qualifies as a crime of violence under 18 U.S.C. § 924(c)(3)(A)
  • Whether a three-judge panel may disregard circuit precedent
  • Grounds for vacating conviction under 28 U.S.C. § 2255

Procedural posture

Torres appealed the district court's denial of his § 2255 motion challenging his conviction and sentence for brandishing a firearm during a crime of violence.

Authorities cited

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Opinion

MEMORANDUM **

Federal prisoner Carlos Torres appeals from the district courts judgment denying his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. We have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, see United States v. Reves, 774 F.3d 562, 564 (9th Cir. 2014), we affirm.

Torres challenges his conviction and sentence under 18 U.S.C. § 924(c)(1)(A)(ii) for brandishing a firearm during a crime of violence. Torress contention that Hobbs Act robbery, 18 U.S.C. § 1951, is not a crime of violence for purposes of 18 U.S.C. § 924(c)(3)(A) is foreclosed. See United States v. Dominguez, 954 F.3d 1251, 1260-61 (9th Cir. 2020) (reaffirming that Hobbs Act robbery is a crime of violence under the elements clause of § 924(c)(3)). Torres asserts that Dominguez was wrongly decided, but as a three-judge panel, we are bound by the decision. See Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003) (en banc) (three-judge panel is bound by circuit precedent unless that precedent is “clearly irreconcilable” with intervening higher authority). The district court therefore properly denied Torress § 2255 motion. See Buckley v. Terhune, 441 F.3d 688, 694 (9th Cir. 2006) (en banc) (court “may affirm on any ground supported by the record, even if it differs from the rationale used by the district court”).

AFFIRMED.