Dist. Ct. did not err in imposing 100-month term of incarceration on bank robbery by intimidation charge under 18 USC section 2113(a), after finding that defendant qualified for negative sentencing treatment under pre-2016 federal sentencing Guidelines for career offender status under section 4B1.2(a) of USSG. Instant charged offense qualified as “crime of violence” under elements clause set forth in section 4B1.2(a)(1) of USSG, since: (1) said charged offense had as element use, attempted use or threatened use of physical force; and (2) intimidation of victim for purposes of charged offense under section 2113(a) was caused by intentional threat of force. Ct. rejected defendant’s claim that charged offense could not qualify as crime of violence because charged offense required proof of only general intent, while crimes of violence required proof of specific intent.
Federal 7th Circuit Court
Criminal Court
Sentencing