Whether aiding and abetting an unarmed bank robbery qualifies as a 'violent felony' under the Armed Career Criminal Act

QUESTIONS PRESENTED Under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”), a defendant convicted of violating 18 U.S.C. § 922(g) who has three previous convictions for a serious drug offense or violent felony is subject to a fifteen-year mandatory minimum term of imprisonment. Mr. Dieter was subject to a 15-year mandatory minimum sentence as a “career criminal’ because he had previously pled guilty to aiding and abetting an unarmed bank robbery pursuant to 18 U.S.C. § 2. The questions presented are: 1) whether aiding and abetting an unarmed bank robbery, which can be committed with a negligent or reckless mens rea, qualifies as a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e); and 2) whether aiding and abetting unarmed bank robbery, which can be accomplished without the threat of violent force or the intentional threat of violent force, is a “violent felony” justifying an enhanced sentence under the ACCA. Other petitions on this Court’s docket present similar questions, including Haight v. United States, No. 18-370, and Stokeling v. United States, No. 17-5554. 1