Summary
The Eleventh Circuit affirmed Christopher C. Pinkston’s sentence, holding that federal bank robbery and Florida aggravated assault qualify as crimes of violence under the career-offender guideline. The court applied the categorical approach and concluded that federal bank robbery satisfies both the elements clause and the enumerated crimes clause. It also held that later clarification by the Florida Supreme Court regarding the mens rea for aggravated assault did not prevent use of Pinkston’s prior conviction as a sentencing predicate.
Topics
Practice areas
Questions Presented
- Whether federal bank robbery under 18 U.S.C. § 2113(a) is categorically a crime of violence under the elements clause of U.S.S.G. § 4B1.2(a)(1).
- Whether federal bank robbery qualifies as a crime of violence under the enumerated-crimes clause of U.S.S.G. § 4B1.2(a)(2).
- Whether Florida aggravated assault qualifies as a crime of violence under the elements clause of U.S.S.G. § 4B1.2(a)(1), including whether later Florida Supreme Court precedent clarifying the offense's mens rea could be applied in evaluating an earlier conviction.
- Whether the district court properly applied the career-offender enhancement to Pinkston's sentence.
Holdings
- Federal bank robbery under 18 U.S.C. § 2113(a) is categorically a crime of violence under the elements clause of U.S.S.G. § 4B1.2(a)(1) because the offense requires knowing intimidation, meaning conduct from which a reasonable person could infer a threat of bodily harm.
- Federal bank robbery categorically qualifies as a crime of violence under the enumerated-crimes clause of U.S.S.G. § 4B1.2(a)(2), which enumerates robbery.
- Florida aggravated assault qualifies as a crime of violence under the elements clause of U.S.S.G. § 4B1.2(a)(1).
- The district court properly classified Pinkston as a career offender and properly imposed the 160-month sentence.
Key quotations
“We apply the “categorical approach” to classify a conviction for sentencing a career offender.” (4)
“Federal bank robbery still qualifies as a crime of violence under the enumerated crimes clause.” (8)
“He would remain a career offender either way.” (13)
Factual background
In February 2021, Pinkston robbed a Miami bank by handing a teller a note demanding money and threatening that everyone would be killed. Three weeks later, he robbed another bank using a note demanding $30,000. He pleaded guilty to two federal bank-robbery counts, and the district court treated his current offenses and prior federal bank-robbery and Florida aggravated-assault convictions as crimes of violence for career-offender purposes.
Procedural history
Pinkston pleaded guilty in the Southern District of Florida to two counts of federal bank robbery under 18 U.S.C. § 2113(a). The district court determined that he was a career offender based on the current bank-robbery offenses and prior federal bank-robbery and Florida aggravated-assault convictions, calculated a guideline range of 151 to 188 months, and imposed a 160-month sentence. The Eleventh Circuit affirmed.