Sams: SOS denied for 924(c) offender with predicate 2113(a) bank robbery

In In re Sams, No. 16-14515-J (July 26, 2016), the Court denied an application for leave to file a second or successive § 2255 motion for an applicant who challenged his conviction under 18 U.S.C. § 924(c). The predicate offense for Sams’ 924(c) conviction was a bank robbery “by force and violence, or by intimidation,” in violation of 18 U.S.C. § 2113(a). The Court held that a bank robbery “by intimidation” qualifies as a crime of violence, because it involves the threat to use physical force. The Court also rejected Sams’ challenge to his career offender Guideline designation. The Court pointed out that even if Johnson were to apply, retroactively, to the career offender guideline, this would not benefit Sams, because he had two prior convictions that qualified under the elements clause.