Federal Bank Robbery Is Categorically a Crime of Violence, Panel Holds

United States v. McCranie, 2018 WL 205009 (10th Cir. May 3, 2018) (Colo.) Mr. McCranie’s conviction for federal bank robbery under 18 U.S.C. § 2113(a) qualified as a “crime of violence” under the career offender sentencing guideline, U.S.S.G. § 4B1.2(a)(1). The guideline states:, “[t]he term ‘crime of violence’ means any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that . . . has as an element the use, attempted use, or threatened use of physical force against the person of another . . . .” The relevant portion of the federal bank robbery statute requires a taking, or attempted taking, of property “by force and violence, or by intimidation.” 18 U.S.C. § 2113(a). Because “intimidation” captures the least culpable conduct supporting federal bank robbery, for that offense to categorically be a crime of violence under § 4B1.2(a)(1), bank robbery by intimidation must require the threatened use of physical force. The panel relied on cases and Tenth Circuit Pattern Jury Instruction No. 277 to conclude that “every definition of intimidation requires a purposeful act that instills objectively reasonable fear (or expectation) of force or bodily injury.” As a result, intimidation qualifies as a threatened use of physical force against the person of another and Mr. McCranie’s conviction for federal bank robbery categorically qualified as crimes of violence.