Order — United States v. Shaquan Brown, Sahir McCorkle and Tyreek Byrd (E.D. Pa., Dkt. 190, February 8, 2023)

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An order signed by Cynthia M. Rufe in a criminal case against Shaquan Brown, Sahir McCorkle and Tyreek Byrd, Criminal Action No. 20-260, Document 190, filed February 8, 2023, in the U.S. District Court for the Eastern District of Pennsylvania. In light of the Supreme Court's decision in United States v. Taylor, the government moves under Rule 48(a) to dismiss Counts Five and Nine of the Second Superseding Indictment, which charge carrying a firearm in relation to a crime of violence under 18 U.S.C. §§ 924(c)(1)(A) and 2. Defense attorneys do not oppose. The order states that those counts rest on attempted Hobbs Act robbery counts and grants the unopposed motion (Doc. No. 189).

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             Case 2:20-cr-00260-CMR Document 190 Filed 02/08/23 Page 1 of 2




                           IN THE UNITED STATES DISTRICT COURT
                        FOR THE EASTERN DISTRICT OF PENNSYLVANIA

    UNITED STATES OF AMERICA

                  v.
                                                                 CRIMINAL ACTION NO. 20-260
    SHAQUAN BROWN,
    SAHIR MCCORKLE, and
    TYREEK BYRD

                                                     ORDER

           In light of the Supreme Court’s recent decision, United States v. Taylor, 1 the government

moves to dismiss Counts Five and Nine of the Second Superseding Indictment under Rule 48(a)

of the Federal Rules of Criminal Procedure. 2 Attorneys for the Defendants do not oppose the

government’s motion. Counts Five and Nine charge the Defendants with carrying and using a

firearm during and in relation to a crime of violence, and aiding and abetting, in violation of 18

U.S.C. §§ 924(c)(1)(A) and 2. 3 These counts are predicated on Counts Four and Eight of the

Second Superseding Indictment, which charge the Defendants with attempted Hobbs Act

robbery. 4 In Taylor, the Supreme Court held that attempted Hobbs Act robbery does not qualify

as a “crime of violence,” because no element of the offense requires proof that the defendant

used, attempted to use, or threatened to use force. 5 Accordingly, Counts Five and Nine of the



1
    142 S. Ct. 2015 (2022).
2
 Rule 48(a) provides that “[t]he government may, with leave of court, dismiss an indictment, information, or
complaint. The government may not dismiss the prosecution during trial without the defendant's consent.”
3
    Second Superseding Indictment [Doc. No. 82] at 14, 18.
4
 Specifically, Count 4 relates to the alleged attempted robbery of D.W. at his home in Philadelphia, Pennsylvania
on December 1, 2019. Id. at 13. Count 8 relates to the alleged attempted robbery of the home of A.H. in Uwchlan
Township, Pennsylvania on January 3, 2020. Id. at 17.
5
    142 S. Ct. at 2021, 2025-26.
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        Case 2:20-cr-00260-CMR Document 190 Filed 02/08/23 Page 2 of 2




Second Superseding Indictment must be dismissed, given that they are predicated on the

attempted Hobbs Act robberies charged in Counts Four and Eight.

       AND NOW, this 8th day of February 2023, upon consideration of the government’s

unopposed Motion to Dismiss Counts Five and Nine of the Second Superseding Indictment

[Doc. No. 189], it is hereby ORDERED that the government’s Motion is GRANTED.

       It is so ORDERED.
                                                   BY THE COURT:

                                                    /s/ Cynthia M. Rufe
                                                   _____________________
                                                   CYNTHIA M. RUFE, J.




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