Crime of Violence – Plain Error

By: Derek Hawkins//January 10, 2017//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Thomas Cureton

Case No.: 15-3575; 15-3581

Officials: EASTERBROOK, KANNE, and HAMILTON, Circuit Judges.

Focus: Crime of Violence – Plain Error

Thomas Cureton appeals his conviction for using a firearm during a crime of violence. He con‐ tends that the crime of making a ransom demand in violation of 18 U.S.C. § 875(a) does not qualify as a “crime of violence” under 18 U.S.C. § 924(c). Because Cureton did not raise this challenge in the district court, we examine it through the demanding lens of plain‐error review. We see no plain error in interpreting the federal crime of demanding ransom as necessarily including at least an implied threat of physical force. Because a crime that includes a threat of physical force as an element qualifies as a crime of violence, we affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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