Fifth Circuit - Categorical Approach

United States v. Burris, 920 F.3d 942 (5th Cir. 2019). Texas robbery is a violent felony under the ACCA’s force clause, whether it was committed by injury or by threat. The statute requires the “use, attempted use, or threatened use of physical force,” and “causing bodily injury” under Texas law exceeds the level of force required by Stokeling v. United States, 139 S. Ct. 544 (2019).

United States v. Rocha Flores, 921 F.3d 1133 (5th Cir. 2019) (per curiam). Texas assault of a public servant is a crime of violence and “aggravated felony” under 8 U.S.C. § 1326(b)(2).

United States v. Flores, 922 F.3d 681 (5th Cir. 2019) A juvenile adjudication for Texas aggravated assault is not a violent felony under the ACCA. The ACCA requires the “use or carrying of a firearm, knife, or destructive device” to enhance a sentence based on a prior juvenile adjudication. The “serious bodily injury” and “deadly weapon” prongs of the Texas aggravated assault statute are broader than the relevant portion of the ACCA.

United States v. Torres, 923 F.3d 420 (5th Cir. 2019). Texas aggravated assault with a knife involving knowingly threatening imminent bodily injury is a crime of violence under 18 U.S.C. § 16(a).

United States v. Reece, 938 F.3d 630 (5th Cir. 2019). Federal conspiracy to commit bank robbery is not a crime of violence under 18 U.S.C. § 924(c) because it does not require the use, attempted use, or threatened use of physical force.

United States v. Herrold, 941 F.3d 173 (5th Cir. 2019). Texas burglary of a building is a violent felony under the enumerated clause of the ACCA.

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.

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