2022-2023 Pro Bono Program Review

O’Melveny Convinces Supreme Court to Narrow “Violent Crime” Definition

The Outcome

At Stake

Collaborators

Whether a defendant must serve additional prison time for an attempted robbery under the Hobbs Act

National Association of Federal Defenders

Defendants can challenge some convictions and sentences

O’Melveny achieved a precedent-setting victory in the Supreme Court by narrowing the definition of “violent crime” to exclude attempted robbery, which will prevent criminal defendants from having their sentences wrongfully extended. The case stems from a 2003 murder, where O’Melveny client Justin Taylor attempted to rob the victim during a drug deal, and his accomplice

of all O’Melveny attorneys did pro bono work in 2023 87%

shot the victim. Taylor pled guilty to offenses including attempted robbery under the Hobbs Act, which makes it a federal crime to commit, attempt, or conspire to commit a robbery with an interstate component. O’Melveny argued successfully before the Supreme Court that attempted robbery is not a “crime of violence.” The ruling allows Taylor and other defendants to challenge their convictions and sentences under the Hobbs Act.

O’Melveny Secures Pro Bono Win for Gun Safety Advocates at DC Circuit

At Stake

Collaborators

The Outcome

Use of bump stocks, which convert single fire weapons into machine guns, allowing shooters to fire hundreds of bullets per minute

Giffords Law Center to Prevent Gun Violence, Brady, and Everytown for Gun Safety

Government ban on bump stocks is upheld

The appellate court victory underscores O’Melveny’s commitment to gun violence prevention and advocacy for stronger gun safety regulations.

In a significant victory for gun safety, the US Court of Appeals for the DC Circuit upheld the government’s regulation banning “bump stocks,” concluding that these devices—which can convert semiautomatic rifles into automatic weapons—legally fall under the category of “machine guns” as defined by the National Firearms Act.

O’Melveny played a vital role in this win, submitting an amicus brief in support of the government’s position.

This decision closes a significant loophole in Congress’s ban on automatic firearms. A gunman exploited this loophole in 2017 when he used a bump stock device to rapidly fire more than a thousand rounds into a crowd of music festival attendees in Las Vegas, killing 60 people and injuring hundreds.

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PRO BONO PROGRAM REVIEW 2022-2023