United States v. Campbell, No. 15-3869 (7th Cir. 2017)
Annotate this CaseCampbell, age 69 years, has been diagnosed with schizoaffective and post‐traumatic stress disorders. In 2012, Campbell was residing in a Chicago Reentry Center, completing his sentence for a 2005 conviction for entering a bank with intent to commit robbery. He was given a pass to a hospital but entered a grocery store. He walked through the store, gathering sunglasses, a turquoise and purple squirt gun, and a bottle of tequila. He entered the restroom, turned his shirt inside out, put on the sunglasses, and drank the liquor. He then approached the tellers at a branch bank inside the store. Pointing the squirt gun, he said, “Let’s make this easy.” The tellers filled his bag with $1495. Campbell was arrested in the parking lot. . He was indicted for bank robbery by intimidation, 18 U.S.C. 2113(a). In 2015, his competency restored, Campbell agreed to plead guilty and that he would be a career offender under U.S.S.G. 4B1.1(a) because bank robbery by intimidation is a crime of violence. His lawyer nonetheless argued that the crime of violence definition requires specific intent and bank robbery by intimidation is a general intent offense. The district court and Seventh Circuit disagreed, finding that bank robbery by intimidation is a crime of violence under the elements clause of the pre-2016 version of section 4B1.2(a).
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