Michael Anthony Cernak v. United States
Federal armed bank robbery under 18 U.S.C. § 2113(a) and (d) can be committed "by force and violence, or by inti midation . . . or . . . by extortion." Federal armed bank robbery therefore does not require, as an element of the offense, the specific intent to use, the a ttempt 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 qualif y as a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A)?
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)