Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Rickey Claybron

Case No.: 22-2665

Officials: Easterbrook, Hamilton, and Brennan, Circuit Judges.

Focus: Sentencing Guidelines

Claybron, faced convictions for Hobbs Act robbery and firearm-related offenses. In his appeal of the sentence, he contended that Hobbs Act robbery should not be considered a predicate crime of violence under 18 U.S.C. § 924(c). Additionally, he argued that a retroactive amendment to the Sentencing Guidelines should have been applied to reduce his criminal history category and, consequently, his sentencing range. The Seventh Circuit affirmed Claybron’s firearm-related convictions, determining that Hobbs Act robbery indeed qualifies as a crime of violence under § 924(c). However, the court concurred with Claybron’s assertion regarding the retroactive amendment to the Sentencing Guidelines. It held that, as the amendment would lower his Guidelines range and was retroactive, Claybron’s sentence for the robbery counts warranted reconsideration. Recognizing that remand for resentencing was appropriate under 28 U.S.C. § 2106, given the revised Guidelines range applicable to Claybron, the court affirmed his convictions and sentences under 18 U.S.C. § 924(c), while vacating the sentence for Hobbs Act robbery counts and remanding for resentencing in light of the Sentencing Guidelines amendments.

Affirmed in part, vacated in part, and remanded.

Decided 12/19/23

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