US v. Campbell: While on supervised release in 2014 (following convictions for Hobbs Act robbery and using a firearm in connection with that offense), Campbell tried to rob someone during a drug deal and promptly shot the guy twice (once in each foot). Campbell’s term of supervised release was revoked, with the probation officer concluding this was a Grade A based on Campbell’s admission that he had engaged in attempted robbery which was a crime of violence. Campbell received a sentence of 28 months in prison (to run consecutively to a 120-month sentence on new charges).
On appeal, the Fourth Circuit affirmed Campbell’s sentence. He argued that, under an earlier Campbell decision, his attempted robbery conduct was not a “crime of violence” because it was attempt and inchoate offenses were only included in the definition of that term by the commentary. The court disagreed, distinguishing between the definition of “controlled substance offense” (at issue in the prior Campbell decision), with which the commentary was contradictory, and “crime of violence,” which at the time included a still-operative residual clause.* In the latter case, the commentary was consistent with the residual clause and therefore still applied.
* The clause was removed in 2016, making this case (which hung around a long time on appeal while other cases were decided) a kind of outlier in the modern Guideline landscape.
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