United States v. Carr, No. 18-3053 (D.C. Cir. 2020)Annotate this Case
The DC Circuit affirmed the district court's holding that defendant's prior bank robbery convictions were crimes of violence and affirmed the denial of defendant's motion for post-conviction relief. The court need not reach defendant's constitutional objection, because in 2003, when he was sentenced, a prior conviction could be a crime of violence under either the residual clause or the Guidelines' independent elements clause, which defines a crime of violence as one that has as an element the use, attempted use, or threatened use of physical force. The court explained that the federal bank robbery statute requires proof that a defendant took property by force and violence, or by intimidation. In order to satisfy this requirement, defendant must have at least knowingly threatened someone with physical force (or have attempted to do so), which squarely placed the offense within the Guidelines' elements clause.