U.S. v. Armour

Record contained sufficient evidence to support defendant’s conviction on charge of using/brandishing firearm during and relation to “crime of violence,” where relevant crime of violence was defendant’s conviction on attempted armed bank robbery charge under 18 USC section 2113(a), which had as element use/attempted use of physical force against person or property. Fact that person can commit robbery by intimidation under said statute was immaterial. However, Dist. Ct. erred in sentencing defendant to 7-year mandatory minimum sentence on charge of “brandishing” firearm during crime of violence, where jury’s verdict did not find that defendant was responsible for brandishing of firearm in instant robbery that took place inside bank while defendant was outside bank. On remand, Dist. Ct. could still impose 7-year sentence, since record supported conviction on charge of defendant’s aiding and abetting use or carrying of firearm during crime of violence, and since sentence for said crime allows Dist. Ct. to sentence defendant beyond 5-year mandatory minimum sentence.