UNITED STATES v. BEN (2019)

Richard Ben pled guilty to violating 18 U.S.C. § 924(c)(1) for using a firearm during a crime of violence. Ben argues his conviction should be vacated because the predicate crime of robbery, 18 U.S.C. § 2111, is no longer “a crime of violence” under § 924(c)(1). In United States v. Brewer, we held that robbery by intimidation under 18 U.S.C. § 2113(a) is “a crime of violence.” 848 F.3d 711, 716 (5th Cir. 2017). The definitions of robbery under both § 2113(a) and § 2111 are the same. Ben’s counsel conceded that Brewer controls in this case during oral argument. Ben cannot prevail because Brewer forecloses the argument that robbery under § 2111 is not a predicate “crime of violence.”

For the reasons described, we AFFIRM the district court’s judgment.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.