Gun Brandishing Conviction Vacated After Supreme Court Decision

March 30, 2023, 4:51 PM UTC

The Second Circuit vacated a New York man’s firearm brandishing conviction after the US Supreme Court held that his predicating charges don’t qualify as violent crimes.

Judge William J. Nardini‘s opinion reverses the appellate court’s prior decision on the case in light of the US Supreme Court’s ruling in United States v. Taylor last year. There, the justices found that an attempted Hobbs Act robbery does not qualify as a “crime of violence” because it doesn’t invariably require the use, attempted use, or threatened use of force.

Thamud Eldridge appealed to the US Court of Appeals for the Second ...

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