Aiding and Abetting Crime of Violence is Crime of Violence Under 924(c)

US v. Ali: Ali (and several others) was involved in a series of armed robberies in North Carolina for which he was convicted of being a felon in possession of a firearm, four counts of aiding and abetting Hobbs Act robbery, and four counts of carrying a firearm in connection with a crime of violence. Due primarily to the multiple firearm convictions, he was sentenced to 1195 months in prison.

 

On appeal, the Fourth Circuit affirmed Ali’s convictions and sentence. Of primary importance, the court rejected Ali’s argument that he had not engaged in a “crime of violence” under 18 U.S.C. 924(c) because the designated crime was aiding and abetting Hobbs Act robbery, rather than the robbery itself. The court concluded that, given that aiding and abetting is a theory of liability and not a stand-alone offense with its own elements, conviction for aiding and abetting here required proof of the elements of Hobbs Act robbery, which requires the use of violent force. Therefore, if the underlying crime is a crime of violence (as with Hobbs Act robbery), then aiding and abetting the commission of that crime is also a crime of violence. The court also held that the district court did not abuse its discretion in handling the issue of witness sequestration, where several of Ali’s coconspirators who were testifying against him were kept in a holding cell near each other before and after their testimony. The court also held there was no abuse of discretion for denying Ali’s motion for new trial due to newly discovered evidence, noting that the evidence was either not newly discovered or went only to impeachment and could not serve as the basis for a grant of a new trial.