Whether federal bank robbery under 18 U.S.C. § 2113(a) qualifies as a violent felony under the Armed Career Criminal Act's elements clause

QUESTIONS PRESENTED FOR REVIEW Mr. Ybarra was sentenced as an armed career criminal based on his prior convictions for federal bank robbery in violation of 18 U.S.C. § 2113(a). The issues presented are: I. Is federal bank robbery in violation of 18 U.S.C. § 2113, which can be accomplished by “intimidation,” a violent felony under the elements clause under the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), if federal appellate courts have specifically held that “intimidation” can be implied? II. What amount of force satisfies this Court’s definition of “physical force” in the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), in Johnson v. United States, 559 U.S. 133, 140 (2010), as violent force—that is, force capable of causing physical pain or injury to another person? i NO. SUPREME COURT OF THE UNITED STATES October Term 2017 MARTIN MICHAEL YBARRA, Petitioner, v. UNITED STATES OF AMERICA, Respondent.