Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Justin Williams

Case No.: 16-3373

Officials: EASTERBROOK, SYKES, and HAMILTON, Circuit Judges.

Focus: Sentencing Guidelines

A person may commit the federal crime of bank robbery “by force and violence, or by intimidation.” 18 U.S.C. § 2113(a). The issue in this appeal is whether the federal offense of bank robbery under 18 U.S.C. § 2113(a) qualifies as a “crime of violence” under 18 U.S.C. § 924(c). We hold that it does. We have held that the so‐called “residual clause” in the § 924(c) definition of a crime of violence is unconstitutionally vague, United States v. Cardena, 842 F.3d 959, 996 (7th Cir. 2016), but even bank robbery fits easily into the “elements clause” of the definition of a crime of violence because even when committed “by intimidation,” it has “as an element the use, attempted use, or threatened use of physical force against the person or property of another.” See 18 U.S.C. § 924(c)(3)(A).1

We agree with the district court that bank robbery by intimidation defined in § 2113(a) is a crime of violence under the elements clause of § 924(c)(3)(A). Defendant Williams’ convictions and sentence are AFFIRMED.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.