USCA11 Case: 19-14132 Date Filed: 08/02/2022 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 19-14132 ____________________

BOBBY RICKY MADISON, Petitioner-Appellant, versus UNITED STATES OF AMERICA,

Respondent- Appellee.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:16-cv-62993-DMM ____________________ USCA11 Case: 19-14132 Date Filed: 08/02/2022 Page: 2 of 2

2 Opinion of the Court 19-14132

Before JORDAN, JILL PRYOR, and MARCUS, Circuit Judges. PER CURIAM: In this appeal, Bobby Madison challenges his conviction (and resulting 60-month consecutive sentence) on Count 3 under 18 U.S.C. § 924(c)(3)(A) based on attempted Hobbs Act robbery in vi- olation of 18 U.S.C. § 1951(a). We held the case pending the Su- preme Court’s decision in United States v. Taylor, 142 S. Ct. 2015, 2020–22 (2022) (holding that attempted Hobbs Act robbery is not a crime of violence under § 924(c)(3)(A)’s force clause), and then asked the parties to brief the impact of that decision on this appeal. In response, the parties have submitted a joint letter brief in which they state (and agree on) the following. First, Taylor re- solves this appeal in Mr. Madison’s favor. Second, the government is expressly waiving procedural default as a defense to Mr. Madi- son’s challenge to his § 924(c)(3)(A) conviction and sentence. Third, in light of Taylor, this court should vacate Mr. Madison’s conviction and 60-month consecutive sentence. Given the government’s waiver of procedural default, we agree with the parties that Taylor governs. We therefore vacate Mr. Madison’s Count 3 conviction and consecutive 60-month sen- tence, and remand to the district court for entry of a new judgment. VACATED and REMANDED.