United States v. Williams, No. 16-3373 (7th Cir. 2017)
Annotate this CaseWilliams and Carpenter entered a Homewood, Illinois, bank, each carrying a nine‐millimeter handgun. Williams pointed his gun and forced several employees to the ground while Carpenter ordered others to open the vault. The robbers left with more than $80,000 in cash. The next day, the men were located with the getaway car, the missing cash, the bank’s anti‐theft devices, and two nine‐millimeter handguns. They were charged with bank robbery, 18 U.S.C. 2113(a), and using a firearm in the course of the robbery, 18 U.S.C. 924(c). Williams argued that federal bank robbery is not a crime of violence under section 924(c)(3)(A) because section 2113(a) provides that bank robbery can be committed “by intimidation,” or “by force and violence.” The district court found that bank robbery is a crime of violence under the elements clause because under Seventh Circuit precedent, “intimidation means threatened force capable of causing bodily harm and therefore constitutes threatened ‘violent force’ under section 924(c)(3)(A).” The Seventh Circuit affirmed, stating that even bank robbery fits easily into the “elements clause” of the definition of a crime of violence because even when committed “by intimidation,” it has “as an element the use, attempted use, or threatened use of physical force against the person or property of another.”
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