United States v. Kielan Franklin
Opinion
Opinion
BOGGS, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-30136 Plaintiff-Appellee, D.C. No. v. 6:19-cr-00006-SEH-
KIELAN BRETT FRANKLIN,
Defendant-Appellant. OPINION
Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding
Argued and Submitted May 4, 2021 Seattle, Washington
Filed November 23, 2021
Before: Danny J. Boggs,* Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.
Opinion by Judge Boggs; Concurrence by Judge Berzon SUMMARY *
Criminal
The panel affirmed a criminal judgment in a case in which Kielan Frankin pleaded guilty to aiding and abetting the possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A)(i)–(ii) and 2, and robbery affecting interstate commerce (Hobbs Act robbery) in violation of 18 U.S.C. § 1951(a).
The panel wrote that, as Franklin conceded, binding precedent forecloses his contention that Hobbs Act robbery is not categorically a crime of violence under 18 U.S.C. § 924(c)(3)(A).