United States Second Circuit

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Johnson v. US, 13‐546

In this case, defendant-petitioner was convicted of bank robbery, armed bank robbery, and using and carrying a firearm during and in connection with a crime of violence. In an earlier appeal, the bank robbery conviction was vacated on the ground of multiplicity with the conviction for armed bank robbery in the same incident. Defendant's 28 U.S.C. section 2255 petition, arguing that the firearms conviction must now be vacated because there is no subsisting conviction the predicate crime of violence, was denied by the district court. The judgment of the district court is affirmed, where a conviction under 18 U.S.C. section 924(c) requires legally sufficient proof that the predicate crime of violence was committed, but does not require a conviction for that predicate crime.

Appellate Information

  • Decided 02/25/2015
  • Published 02/25/2015

Judges

  • Jacobs

Court

  • United States Second Circuit

Counsel