Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
UNITED STATES of America, Plaintiff-Appellee, v. Leonard JONES, Defendant-Appellant.
MEMORANDUM ***
Federal prisoner Leonard Jones appeals from the district court's 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.
Jones challenges his conviction and sentence under 18 U.S.C. § 924(c)(1)(A) for discharging a firearm during and in relation to a crime of violence. Jones's 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)). Jones 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).
For the first time on appeal, Jones claims that his § 924 conviction was predicated on aiding and abetting Hobbs Act robbery, and Jones argues that that offense does not qualify as a crime of violence for purposes of § 924(c). Even assuming that Jones did not forfeit this argument by failing to raise it in the district court, see In re Mortg. Elec. Registration Sys., Inc., 754 F.3d 772, 780 (9th Cir. 2014), the argument fails on the merits. See United States v. Henry, 984 F.3d 1343, 1356 (9th Cir. 2021) (aiding and abetting armed bank robbery is a crime of violence under § 924(c)).
AFFIRMED.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 20-16063
Decided: May 18, 2021
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)