United States v. Moore, No. 16-1604 (2d Cir. 2019)Annotate this Case
The Second Circuit affirmed defendant's sentence imposed after he pleaded guilty to three counts of federal bank robbery. The court held that federal bank robbery by intimidation in violation of 18 U.S.C. 2113(a) was a crime of violence under the 2015 version of the Career Offender Guidelines, USSG 4B1.1–2, because it was specifically enumerated in the commentary clause and conformed to the definition of generic robbery. The court also held that New York third‐degree robbery in violation of New York Penal Law 160.05 was a crime of violence under the force clause of USSG 4B1.2(a)(1). Accordingly, the district court appropriately applied the 2015 (pre-amendment) Career Offender Guidelines' sentencing enhancement in this case.