United States v. John Rudy Mendez, United States of America v. John Chavez

This appeal raises the question of whether conspiracy to interfere with interstate commerce by robbery in violation of 18 U.S.C. § 1951 is a “crime of violence” under 18 U.S.C. § 924 (c)(1). We hold that such a conspiracy categorically violates § 924(c)(1) because by its nature it involves a substantial risk that physical force may be used against a person or property in the course of committing the offense.

STATEMENT OF FACTS

John Chavez and John Rudy Mendez were arrested on April 30, 1991, as they awaited the arrival of an armored truck that they intended to rob. At the time of their arrest, Chavez and Mendez had in their possession two .38 caliber revolvers, gloves, and other items of clothing to be used to commit armed robbery.

Chavez and Mendez were indicted for, inter alia, conspiracy to interfere with interstate commerce by robbery (“conspiracy to rob”) in violation of § 1951, and carrying or using a firearm in the commission of a “crime of violence” in violation of § 924(c)(1). They pled guilty to the conspiracy charge but moved to dismiss the firearm charge, arguing that conspiracy to rob under § 1951 was not a “crime of violence” under § 924(c)(1). On September 16,…