Whether federal armed bank robbery under 18 U.S.C. § 2113(a) and (d) qualifies as a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A)

Question Presented for Review Federal armed bank robbery under 18 U.S.C. § 2113(a) and (d) can be committed “by force and violence, or by intimidation ... or... by extortion.” Federal armed bank robbery therefore does not require, as an element of the offense, the specific intent to use, the attempt to use, or the threat to use violent physical force. Additionally, numerous federal circuits interpret federal bank robbery to include the nonviolent conduct of intimidation and extortion as a request for money. Does federal armed bank robbery qualify as a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A)? List of Proceedings 1. U.S. District Court for the District of Nevada, United States v. Anthony Michael Cernak, Case Nos. 2:17-cv-00762-KJD: Dkt. 166, Order denying motion to vacate and denying a certificate of appealability entered March 31, 2020; Dkt. 167, final judgment entered March 31, 2020. 2. Ninth Circuit Court of Appeals, United States v. Michael Anthony Cernak, Case No. 20-16167: Dkt. 3, Order denying certificate of appealability entered August 7, 2020. ii