Hunter v. United States, No. 16-2483 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the district court’s denial of Appellant’s motion to vacate his consecutive sentence, holding that Appellant’s appeal from the district court’s ruling was foreclosed by the First Circuit’s recent decision in United States v. Ellison, 866 F.3d 32 (1st Cir. 2017).
Appellant was convicted of federal armed bank robbery, conspiracy, and possession of a firearm by a felon, for which he received a 210-month prison sentence. Appellant was also convicted of use of a firearm during a crime of violence, for which he received a consecutive five-year mandatory minimum sentence pursuant to 18 U.S.C. 924(c)(1)(A)(i). In moving to vacate his consecutive five-year sentence Appellant argued that the definition of “crime of violence” in 18 U.S.C. 924(c)(3)(B) was unconstitutionally vague. The district court denied the motion, concluding that Defendant’s crime of federal armed bank robbery still qualified as a crime of violence under section 924(c)(3)(A) - the force clause. The First Circuit affirmed, holding that federal bank robbery, and a fortiori federal armed bank robbery, are crimes of violence under the force clause of section 924(c)(3).