Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, July 31, 2019

In re Pollard: Denying SOS Under Davis Where Predicate was Armed Bank Robbery

In In re Pollard, No. 19-12538 (July 31, 2019) (Ed Carnes, Tjoflat, Rosenbaum) (per curiam), the Court denied a successive application based on Davis because the 924(c) predicate was for armed bank robbery, which, under Eleventh Circuit precedent, still qualified as a crime of violence under the elements clause in 924(c)(3)(A).  The Court made clear that where the predicate offense qualifies as a crime of violence under the elements clause, the applicant cannot show a reasonable likelihood that he will benefit from Davis, and the application will be denied.