King v. United States, No. 16-1621 (1st Cir. 2020)Annotate this Case
The First Circuit declined to grant Defendant's petition for leave to file a second or successive motion under 28 U.S.C. 2255 to once again challenge his 18 U.S.C. 924(c)(1)(A) conviction and sentence for use of a firearm during a crime of violence, holding that 18 U.S.C. 2113(a) bank robbery qualifies as a crime of violence under section 924(c)'s force clause.
Defendant was convicted of several offenses, including bank robbery and use of a firearm during a crime of violence. In his petition to file a second or successive motion under section 2255 to challenge his section 924 conviction, Defendant argued that section 2113(a) bank robbery is not a crime of violence under section 924(c)'s force clause because it is an indivisible statute setting forth a single offense that may be violated by alternative means, which do not necessarily have as an element the use of physical force against the person or property of another. The First Circuit denied the requested relief, holding (1) section 2113(a) bank robbery is a divisible statute setting forth distinct offenses with alternative elements; and (2) under the modified categorical approach, Defendant's offense of conviction was a crime of violence under section 924(c)'s force clause.