9th Cir.;
15-10203

The court of appeals affirmed a judgment of sentence. The court held that the sentencing guideline applicable to robbery does not encompass either an attempted robbery or a conspiracy to commit robbery.

Alexis Simon and associates conspired to commit a robbery, but were apprehended by police before achieving their objective. Simon was convicted of conspiracy to commit robbery under the Hobbs Act and received an enhanced sentence under U.S. Sentencing Guidelines §2X1.1 for conduct that he contemplated and intended, but did not carry out: abduction, carjacking, and theft.