United States v. Fultz, No. 17-56002 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit affirmed the district court's denial of defendant's 28 U.S.C. 2255 motion arguing that his sentence was improperly enhanced under 18 U.S.C. 924(c)(1). The panel held that defendant's underlying offense of Robbery on a Government Reservation in violation of 18 U.S.C. 2111, even if done by intimidation alone, is categorically a crime of violence under the elements clause of section 924(c)(3)(A).
Court Description: 28 U.S.C. § 2255. The panel affirmed the district court’s denial of Mario Fultz’s motion under 28 U.S.C. § 2255 in which he argued that his sentence was improperly enhanced under 18 U.S.C. § 924(c)(1) on the ground that his underlying offense, Robbery on a Government Reservation in violation of 18 U.S.C. § 2111, was a “crime of violence” under 18 U.S.C. § 924(c)(3). The panel held that § 2111 Robbery, even if done by “intimidation” alone, is categorically a “crime of violence” under the elements clause of § 924(c)(3)(A).
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