King v. United States

43 Citing cases

  1. United States v. Armstrong

    No. 21-11252 (11th Cir. Dec. 11, 2024)

    Alvarado-Linares, 44 F.4th at 1342. Under the modified categorical approach, we look beyond the elements enumerated in the statute to a limited set of documents-the indictment, jury instructions, plea agreement, and plea colloquy-to determine which specific crime, comprising which elements, the defendant committed. Id.; see also, e.g., King v United States, 965 F.3d 60, 70-71 (1st Cir. 2020) (applying the modified categorical approach to determine whether bank robbery in violation of § 2113(a) is a crime of violence under § 924(c)); United States v. Runyon, 994 F.3d 192, 200-03 (4th Cir. 2021) (applying the modified categorical approach to determine whether conspiracy to commit murder for hire in violation of 18 U.S.C. § 1958(a) is a crime of violence under § 924(c)). These documents are known as Shepard documents and are records related to a defendant's prior convictions, including charging documents, plea agreements, plea-colloquy transcripts, and other comparable judicial records.

  2. United States v. Forteza-Garcia

    CIVIL 20-1154 (RAM) (D.P.R. Feb. 26, 2021)

    As explained by the First Circuit, the first step in determining whether a statute is a “crime of violence” under Section 924(c)(3)(A)'s force clause, is to ascertain “whether the criminal statute of the predicate offense is indivisible or divisible.” King v. United States, 965 F.3d 60, 65 (1st Cir. 2020). An indivisible statute contains a “single, indivisible set of elements[, ]” instead of containing alternative elements, “that criminalizes a broader swath of conduct than the relevant generic offense.”

  3. Ramirez-Rivera v. United States

    CIVIL 17-1206 (RAM) (D.P.R. Sep. 30, 2021)

    As explained by the First Circuit, the first step in determining whether a statute is a “crime of violence” under Section 924(c)(3)(A)'s force clause, is to ascertain “whether the criminal statute of the predicate offense is indivisible or divisible.” King v. United States, 965 F.3d 60, 65 (1st Cir. 2020). An indivisible statute contains a “single, indivisible set of elements[, ]” instead of containing alternative elements, “that criminalizes a broader swath of conduct than the relevant generic offense.”

  4. Ramirez-Rivera v. United States

    CIVIL 17-1206 (RAM) (D.P.R. Sep. 30, 2021)

    As explained by the First Circuit, the first step in determining whether a statute is a “crime of violence” under Section 924(c)(3)(A)'s force clause, is to ascertain “whether the criminal statute of the predicate offense is indivisible or divisible.” King v. United States, 965 F.3d 60, 65 (1st Cir. 2020).

  5. Gomez-Olmeda v. United States

    CIVIL 20-1152 (RAM) (D.P.R. Feb. 26, 2021)

    As explained by the First Circuit, the first step in determining whether a statute is a “crime of violence” under Section 924(c)(3)(A)'s force clause, is to ascertain “whether the criminal statute of the predicate offense is indivisible or divisible.” King v. United States, 965 F.3d 60, 65 (1st Cir. 2020). An indivisible statute contains a “single, indivisible set of elements[, ]” instead of containing alternative elements, “that criminalizes a broader swath of conduct than the relevant generic offense.”

  6. Gomez-Olmeda v. United States

    CIVIL 20-1152 (RAM) (D.P.R. Feb. 26, 2021)

    As explained by the First Circuit, the first step in determining whether a statute is a “crime of violence” under Section 924(c)(3)(A)'s force clause, is to ascertain “whether the criminal statute of the predicate offense is indivisible or divisible.” King v. United States, 965 F.3d 60, 65 (1st Cir. 2020). An indivisible statute contains a “single, indivisible set of elements[, ]” instead of containing alternative elements, “that criminalizes a broader swath of conduct than the relevant generic offense.”

  7. Gómez-Olmeda v. United States

    CIVIL NO. 20-1152 (RAM) (D.P.R. Feb. 26, 2021)

    As explained by the First Circuit, the first step in determining whether a statute is a "crime of violence" under Section 924(c)(3)(A)'s force clause, is to ascertain "whether the criminal statute of the predicate offense is indivisible or divisible." King v. United States, 965 F.3d 60, 65 (1st Cir. 2020). An indivisible statute contains a "single, indivisible set of elements[,]" instead of containing alternative elements, "that criminalizes a broader swath of conduct than the relevant generic offense."

  8. Gómez-Olmeda v. United States

    CIVIL NO. 20-1152 (RAM) (D.P.R. Feb. 26, 2021)

    As explained by the First Circuit, the first step in determining whether a statute is a "crime of violence" under Section 924(c)(3)(A)'s force clause, is to ascertain "whether the criminal statute of the predicate offense is indivisible or divisible." King v. United States, 965 F.3d 60, 65 (1st Cir. 2020). An indivisible statute contains a "single, indivisible set of elements[,]" instead of containing alternative elements, "that criminalizes a broader swath of conduct than the relevant generic offense."

  9. Forteza-Garcia v. United States

    CIVIL. NO. 20-1145 (RAM) (D.P.R. Feb. 26, 2021)   Cited 7 times

    As explained by the First Circuit, the first step in determining whether a statute is a “crime of violence” under Section 924(c)(3)(A)'s force clause, is to ascertain “whether the criminal statute of the predicate offense is indivisible or divisible.” King v. United States, 965 F.3d 60, 65 (1st Cir. 2020). An indivisible statute contains a “single, indivisible set of elements[, ]” instead of containing alternative elements, “that criminalizes a broader swath of conduct than the relevant generic offense.”

  10. United States v. Burwell

    CRIMINAL 04-355-05 (CKK) (D.D.C. Feb. 7, 2024)

    Precedent from every circuit to address this argument holds that § 2113(a) is divisible and establishes two separate offenses of bank robbery and bank extortion. See King v. United States, 965 F.3d 60, 70 (1st Cir. 2020) (“[R]obbery and extortion under § 2113(a) are alternative elements of distinct offenses.”); United States v. Evans, 924 F.3d 21, 28 (2d Cir. 2019)