United States v Melgar-Cabrera

Melgar-Cabrera appealed his murder and robbery convictions. The panel affirmed. It first held that the circuit’ Battle decision that 18 USC 924(j) is a sentencing enhancement was erroneously decided because its sets out facts which result in an increased sentence and thus 924(j) is a separate crime from 18 USC 924(c). It held that Hobbs Act robbery is a crime of violence under 924(c)(3) as the level of force required is violent force as the statute uses the term violence and requires the crime to be a felony which are sufficient under United States Supreme Court precedent and violent force is a necessary element in all common law robbery offenses and circuit precedent forecloses Melgar-Cabrera’s argument that fear of injury is insufficient for Hobbs Act robbery to be a crime of violence.