IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Southern Division

UNITED STATES OF AMERICA, *

* v. Crim. No.: GJH-11-166 * Civil No.: GJH-16-1909

FREDDIE WIDENER, *

*

* * * * * * * * * * * * *

MEMORANDUM OPINION AND ORDER

On October 17, 2011, Freddie Widener (“Defendant” or “Petitioner”) pled guilty to Counts Ten and Eleven of an Indictment, which charged him with Interference with Commerce by Robbery, in violation of

(“Hobbs Act Robbery”), and Possession of a Firearm in Furtherance of a Crime of Violence, in violation of

(c). ECF Nos. 71 and 72. Of note here, the plea agreement indicated that the Hobbs Act Robbery in Count Ten was an attempted robbery and not a completed offense. ECF No. 72 at 2. Further, the crime of violence serving as the predicate for Count Eleven was the attempted robbery in Count Ten.

Defendant was sentenced to a term of 113-months imprisonment as to Count Ten and 120- months imprisonment as to Count Eleven, to run consecutive to each other for a total of 233 months imprisonment. ECF No. 96 at 2. On June 6, 2016, Defendant filed a Motion to Vacate Judgment under

, arguing that as a result of the Supreme Court’s decision in Johnson v. United States,

,

(2015), attempted robbery no longer qualified as a crime of violence for the purposes of Count Eleven. ECF No. 125. After multiple supplemental motions related to ongoing appellate litigation on the issue, ECF Nos. 133 and 136, Defendant filed a Consent Motion to hold the Motion to Vacate in Abeyance pending resolution of United States v. Taylor in the Fourth Circuit, ECF No. 137. In Taylor, the Fourth Circuit decided that attempted Hobbs Act Robbery did not qualify as a crime of violence for purposes of

(c).

(4th Cir. 2020).

While the Government disagrees with the decision, and may seek certiorari to the Supreme Court, at present the Fourth Circuit’s decision in Taylor is binding precedent and thus invalidates Widener’s conviction on Count Eleven. See, e.g., United States v. Mims, Crim No. JKB-14-0245,

, at *1 (D. Md. March 17, 2021). Accordingly, it is hereby ORDERED, by the United States District Court for the District of Maryland, that: 1. Defendant’s Motion to Vacate, ECF No. 125, is GRANTED; 2. Defendant’s Motion to Supplement, ECF No. 136, is GRANTED; 3. Defendant’s Motion to hold Motion in Abeyance, ECF No. 137, is MOOT;

4. The parties shall contact chambers to schedule resentencing on Count Ten in Criminal Case No. 11-0166; and 5. The Clerk SHALL CLOSE Civil Case No. 16-1909.

Date: April 7, 2021 __/s/________________________ GEORGE J. HAZEL United States District Judge