October 28th, 2021

United States v. Adair

Docket: 21-50218
Opinion Date: October 26, 2021
Judge: Stephen Andrew Higginson
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's conviction for possessing a firearm after a felony conviction. The court concluded that defendant's Texas robbery conviction qualifies as a crime of violence under USSG 4B1.2(a)(2), and the district court properly applied USSG 2K2.1(a)(4)(A). The court explained that defendant misconstrues the fourth footnote in United States v. Santiesteban-Hernandez, which the court previously explained in an unpublished opinion which simply recognizes that the generic definition of robbery did not require a particular mens rea. Furthermore, defendant's reading of this footnote is at odds with the opinion's conclusion that Texas robbery and generic robbery substantially correspond.

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