Whether bank robbery by intimidation qualifies as a 'crime of violence' under 18 U.S.C. § 924(c)'s elements clause

QUESTIONS PRESENTED | I. Bank Robbery, (the basis for attempted bank robbery) which may be committed by unintentionally intimidating a victim, or by presenting to the teller a demand note does not have as an clement “the use, attempted use, or threatened use of physical force against the person or property of another” Il. Attempted Bank Robbery may be committed without the use, attempted use or threatened use of physical force, and therefore fails to qualify as a “crime of violence” under 18 U.S.C. § 924 (c)’s elements clause II. While the Eleventh Circuit (and many other circuits) has held fast to the notion that bank robbery by intimidation qualifies as a “crime of violence” under § 924 (c)’s elements clause, some other circuits have recently determined similar state statutes to not qualify as “violent felonies” under the elements clause of the Armed Career Criminal Act, creating a conflict amongst the Circuit courts. i i