United States v. Pervis, No. 17-20689 (5th Cir. 2019)
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Defendants appealed their sentences for bank robbery under 18 U.S.C. 2113(a) and carrying firearms during the offenses under 18 U.S.C. 924(c). The Fifth Circuit affirmed and held that section 2113(a) is a crime of violence under section 924(c)(3)(A). The court also held that Defendant Gray's argument -- that his conviction under 18 U.S.C. 924(c) for the July 28 robbery could not be a second or subsequent conviction in relation to the July 26 attempt -- was foreclosed by Deal v. United States, 508 U.S. 129 (1993), in which the Supreme Court construed the statute to permit a second or subsequent conviction to be charged in the same indictment and adjudicated in the same proceeding as the first instance of the offense.
The court rejected Defendant Pervis' challenge to his 25 year sentence for his second gun conviction and held that the district court did not err under Almendarez-Torres v. United States, 523 U.S. 224 (1998). Finally, the court upheld the district court's determination that Gray was competent to stand trial.
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