Holding that a Virginia common-law robbery conviction under Va. Code § 18.2-58 (1975) is not a violent felony for purposes of applying a sentencing enhancement under the Armed Career Criminal Act (ACCA). Bound by United States v. White, 24 F.4th 378 (4th Cir. 2022), the Fourth Circuit applied the categorical approach and found that the minimum conduct needed to satisfy the elements of Virginia common-law robbery includes robbery by threatened sodomy accusation, which does not involve the "use, attempted use, or threatened use of physical force" such as would qualify it as a violent felony.
Date of Decision
Published
