US v. Monte Straite
Split Score
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Case Summary
Disposition
Affirmed
The Fourth Circuit held that attempted armed bank robbery under 18 U.S.C. § 2113(d) categorically qualifies as a "crime of violence" under 18 U.S.C. § 924(c)(3) because the statute requires an assault or life-jeopardizing act committed with a dangerous weapon. Accordingly, it affirmed Monte Emmanuel Straite’s § 924(c) conviction that rested on his § 2113(d) offense.
Circuit Split Identified
Legal Issue
Whether attempted bank robbery under 18 U.S.C. § 2113(a) necessarily involves the use, attempted use, or threatened use of physical force so that it is categorically a “crime of violence” under 18 U.S.C. § 924(c)(3)(A).
Circuit Positions
§ 2113(a) attempted bank robbery does require force/ intimidation and is a crime of violence under § 924(c).
§ 2113(a) attempted bank robbery does not necessarily require force/ intimidation and is not a categorical crime of violence under § 924(c).
Conflict Summary
The Fourth Circuit’s precedent (McFadden) holds that § 2113(a) attempted bank robbery can be proven by intent plus a substantial step without any force or intimidation, so it is not a categorical crime of violence. The Third, Fifth, Seventh, Eighth, and Eleventh Circuits read the statutory phrase “by force and violence, or by intimidation” as modifying both the completed and attempted forms of the offense, concluding that force is always required and the offense therefore qualifies as a crime of violence.