Federal Bank Robbery is a Violent Felony

US v. Ybarra, 2018 WL 1750547 (10th Cir. April 12, 2018) (unpublished): The Tenth Circuit holds that federal bank robbery by force and violence, or by intimidation (18 USC 2113(a)) is a violent felony. First, it has an element of use of force because it can be committed by intimidation. Intimidation requires conduct reasonably calculated to put another in fear or create an impression that resistance will be met by force, Thus, intimidation under the statute exists only if the defendant intentionally acted to make a person of ordinary sensibilities fear bodily harm. Second, equating fear of bodily harm with the required use of physical force is consistent with US v. Castleman, 134 S.Ct. 1405 (2014), and US v. Ontiveros, 875 F.3d 533 (10th Cir. 2017). The panel refuses to reconsider Ontiveros. Third, the Court rejects the argument that the physical force need not be directed at a person. On the contrary, according to the Court, the requirement that the taking be from the person or presence of a person confines the force to the person controlling the property. Fourth, the argument that the test for intimidation is inherently speculative was forfeited. So that argument is still alive if anyone wants to use it.