The Fourth Circuit has determined that a Virginia conviction for use of a firearm during robbery does not categorically qualify as a crime of violence under the federal sentencing guidelines. The Court was bound by its precedent holding that Virginia robbery can be committed by threats that do not necessarily require violent physical force.
The Court rejected the government’s argument that the firearm-use element cured the defect in the robbery predicate. Because the predicate offense still did not categorically require violent force, the Court vacated the sentence and remanded for resentencing. Although the case arose in the sentencing context, the categorical approach analysis may be useful in immigration cases involving Virginia robbery-related convictions.
The full text of United States v. Scott can be found here: https://www.ca4.uscourts.gov/opinions/254048.p.pdf