Fifth Circuit - Categorical Approach

United States v. Butler, 949 F.3d 230 (5th Cir. 2020). Bank robbery in violation of 18 U.S.C. § 2113 is a violent felony under the ACCA. The statute is divisible, so courts may use the modified categorical approach to narrow a defendant’s prior conviction to taking bank property through intimidation.

United States v. James, 950 F.3d 289 (5th Cir. 2020). Louisiana armed robbery is a violent felony under the force clause of the ACCA.

United States v. Prentice, 956 F.3d 295 (5th Cir. 2020). Texas possession with intent to deliver a controlled substance is a serious drug offense under § 924(e): the state conviction (possession with intent to deliver) necessarily requires the generic conduct under the ACCA (distribution of illegal drugs).

United States v. Smith, 957 F.3d 590 (5th Cir. 2020). Aggravated federal bank robbery in violation of 18 U.S.C. §§ 2113(a) and (d), is a crime of violence under § 924(c). A previous panel already determined that federal bank robbery in violation of 18 U.S.C. § 2113(a) is a crime of violence. Attempted murder, 18 U.S.C. § 1114(3), is also a crime of violence. An attempt crime is crime of violence if the underlying substantive offense is a crime of violence.

United States v. Montgomery, 974 F.3d 587 (5th Cir. 2020). Louisiana simple burglary of an inhabited dwelling is a violent felony under the ACCA.

United States v. Kendrick, 980 F.3d 432 (5th Cir. 2020). The court did not plainly err in ruling that conspiracy to distribute marijuana was a controlled substance offense under §4B1.2. Circuit precedent held that Application Note 1 to §4B1.2 properly included drug conspiracies as qualifying offenses.

United States v. Frierson, 981 F.314 (5th Cir. 2020). Louisiana “Prohibited acts--Schedule II penalties” is divisible by controlled substance. The Shepard-approved documents showed that the defendant’s conviction was for possession with intent to distribute cocaine, a controlled substance offense under §4B1.2(b).

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