Shondor Janell Arceneaux v. United States
HabeasCorpus
If §924(c) applies to predicate crimes whose elements are no broader than a Federal Generic Definition of that crime, is remand required if a defendant is only convicted aiding abetting a-bank robbery under §2113(a)(d) 2?
QUESTION(S) PRESENTED If §924(c) applies to predicate crimes; whose Elements are no Broader than a Federal Generic Definition of that crime , is... remand required if a defendant is only convicted aiding abetting.. a-bank robbery under §2113(a)(d) 2? Il. Is it Unconstitutional for a sentence under §924(c) to be applied as a penalty for a violation of §2113(a) "bank robbery" if : the statute[§2113(a)] is broader than the federal generic definition ; cf robbery, incompasing conduct outside the federal definition if © . : robbery, includés:taking of property as defined "larceny" ? . ; _ : IIt. When a statute is clearly not a crime of violence under the force clause of §924(c) is it Unconstitutional to sentence a defendant under §924¢c)(3)(B)48 residuai’éhause.? Is a court required to give a jury instructions of "advanceknowledge" of:a.firearm being used and the government is required to “prove a defendant had "advanced knowledge" before a jury can convict a defendant of aiding abetting in violation of 18 U.S.C. §*2 ? oe