In the United States Court of Appeals For the Seventh Circuit ____________________ No. 20-1690 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANDREW MCHANEY, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:18-cr-00045-2 — Elaine E. Bucklo, Judge. ____________________ ARGUED DECEMBER 11, 2020 — DECIDED JUNE 14, 2021 ____________________ Before ROVNER, HAMILTON, and SCUDDER, Circuit Judges. ROVNER, Circuit Judge. Andrew McHaney is not the first defendant to try to persuade this court that Hobbs Act rob- bery is not a crime of violence as defined under 18 U.S.C. § 924(c). And despite our growing, unequivocal precedent to the contrary, we suspect he will not be the last, as defendants who are subject to the § 924(c) enhancement face significantly increased sentences. Unless the Supreme Court instructs oth- erwise, however, these attempts will be in vain. This court has 2 No. 20-1690 declared several times that Hobbs Act robbery meets the def- inition of a crime of violence under 18 U.S.C. § 924(c) and thus is a qualifying predicate crime under the statute. We see no cause to alter that precedent. I. McHaney participated in at least four armed robberies at cellular phone stores around Chicago. Just as he was attempt- ing a fifth, he was arrested. The United States charged him with one count of Hobbs Act conspiracy (18 U.S.C. § 1951(a); Count 1); four counts of Hobbs Act robbery (18 U.S.C. § 1951(a); Counts 2, 4, 6, and 9); one count of attempted Hobbs Act robbery (18 U.S.C. § 1951(a); Count 11); three counts of using, carrying, and brandishing a firearm during and in re- lation to a crime of violence (18 U.S.C. § 924(c)(1)(A); Counts 5, 7, and 10); one count of using and carrying a firearm during and in relation to a crime of violence (18 U.S.C. § 924(c)(1)(A); Count 12); and one count of possession of a firearm by a felon (18 U.S.C. § 922(g)(1); Count 13). McHaney moved the district court to dismiss Counts 5,7,10, and 12, each of which allege violations of 18 U.S.C. § 924(c), arguing that Hobbs Act robbery does not qualify as a crime of violence under section 924(c)(3)(A). The district court declined to dismiss the counts. Eventually McHaney en- tered into a plea agreement and was later sentenced to 177 months in prison. In his plea he reserved his right to appeal the question presented here: whether Hobbs Act robbery is a crime of violence as defined in 18 U.S.C. § 924(c)(3). II. Section § 924(c) of the criminal code establishes minimum penalties for anyone who uses or carries a firearm during a No. 20-1690 3 “crime of violence” or possesses a firearm in furtherance of such a crime. 18 U.S.C. § 924(c)(1)(A). Those penalties increase even more if the gun is brandished (as it was by McHaney in some of the robberies) and more still if discharged. Id. But what counts as a crime of violence? The statute defines it as …
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