United States v. Paul Parnell, 818 F.3d 974 (9th Cir. 2016). · Go Syfert
United States v. Paul Parnell, 818 F.3d 974 (9th Cir. 2016). Cases Citing This Book View Copy Cite
128 citation events (128 in the last 25 years) across 24 distinct courts.
Strongest positive: Rodriguez-Mendez v. United States (ca1, 2025-04-08) · Strongest negative: United States v. Harris
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
examined Declined to follow United States v. Harris (4×) also: Cited as authority (rule)
unknown court · 2017 · confidence medium
For instance, in United States v. Parnell, although the Ninth Circuit concluded Massachusetts’s robbery statute did not constitute a violent felony, it was.careful to.point out that Massachusetts had expressly departed from common law principles. 818 F.3d. 974, 978-79 (9th Cir. 2016) (stating Massachusetts does not require resistance by the victim and noting Massachusetts has declined to follow the majority approach); id. at 982 (Watford, J., concurring) (explaining “Massachusetts has abandoned the traditional common-law definition of robbery.
discussed Cited as authority (verbatim quote) Rodriguez-Mendez v. United States
1st Cir. · 2025 · signal: accord · quote attribution · 1 verbatim quote · confidence high
the mere possession - 16 - of a weapon . . . does not bring massachusetts' armed robbery statute within acca's force clause.
examined Cited as authority (verbatim quote) Rojas-Tapia v. United States (2×) also: Cited as authority (rule)
D.P.R. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
there is a material difference between the presence of a weapon, which produces a risk of violent force, and the actual or threatened use of such force. only the latter falls within acca's force clause.
discussed Cited as authority (verbatim quote) United States v. Donnie Walton (2×) also: Cited "see"
9th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
the mere fact an individual is armed, however, does not mean he or she has used the weapon, or threatened to use it, in any way.
discussed Cited as authority (verbatim quote) Austin v. United States
S.D.N.Y. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
a willingness to use violent force is not the same as a threat to do so. the latter requires some outward expression or indication of an intention to inflict pain, harm or punishment.
examined Cited as authority (verbatim quote) United States v. David Geozos (4×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
the mere fact an individual is armed, however, does not mean he or she has used the weapon, or threatened to use it, in any way.
discussed Cited as authority (quoted) United States v. Savath
D. Or. · 2018 · quote attribution · 1 verbatim quote · confidence low
we have held, however, that the acca's force clause reaches only offenses requiring the intentional use of force.
discussed Cited as authority (rule) Agostini v. Commonwealth (2×)
Mass. · 2026 · confidence medium
But there is a "material difference between the presence of a weapon, which produces a risk of violent force, and the actual or threatened use of such force." United States v. Parnell, 818 F.3d 974, 980 (9th Cir. 2016).
discussed Cited as authority (rule) Alvin Campbell v. Commonwealth
Mass. · 2024 · confidence medium
See also Taylor, supra at 850-852 (in evaluating whether attempted Hobbs Act robbery involves physical force, Court considered hypothetical robber who bought ski mask, etc., but "never even got to the point of threatening the use of force against anyone or anything"); Commonwealth v. Mora, 477 Mass. 399 , 407 n.6 (2017) (in explaining why robbery does not categorically require physical force, court provides example of woman who was robbed so quickly that she did not even realize her purse was gone); United States v. Bong, 913 F.3d 1252, 1266 (10th Cir. 2019), quoting United States v. Parnell, …
discussed Cited as authority (rule) United States v. Nylere Stanford
3rd Cir. · 2023 · confidence medium
Parnell interpreted a Massachusetts armed robbery statute, which had been read to require only that “degree of force . . . sufficient to obtain the victim’s property against his will.” Id. at 978 (cleaned up).
discussed Cited as authority (rule) Xavier Porter v. United States
6th Cir. · 2020 · signal: cf. · confidence medium
Cf. United States v. Parnell, 818 F.3d 974, 982 (9th Cir. 2016) (Watford, J., concurring) (noting the “oddity” of a law under which a person could commit armed robbery “even if the victim never learns of the gun’s presence, and even if the gun plays no role in facilitating the crime”).
discussed Cited as authority (rule) Rojas-Tapia v. United States
D.P.R. · 2020 · confidence medium
LAWS ANN. tit. 33, § 4279. 7 United States v. Parnell, 818 F.3d 974, 980-981 (9th Cir. 2016) (holding courts may not presume an implied threat to use a weapon from a defendant’s mere possession of it, for purposes of determining whether the force clause of the ACCA has been satisfied). 980 (“The mere fact an individual is armed, however, does not mean he or she has used the weapon, or threatened to use it, in any way.”).
cited Cited as authority (rule) United States v. Kelly Ankeny, Sr.
9th Cir. · 2020 · confidence medium
United States v. Parnell, 818 F.3d 974, 978 (9th Cir. 2016).
cited Cited as authority (rule) United States v. Alan Shelby
9th Cir. · 2019 · confidence medium
Only the latter falls within ACCA’s force clause.” United States v. Parnell, 818 F.3d 974, 980 (9th Cir. 2016) (emphasis in original).
discussed Cited as authority (rule) United States v. Carr
D.D.C. · 2018 · confidence medium
These courts concluded: (1) the federal unarmed bank robbery statute does not explicitly require that a defendant intentionally use force, violence, or fear of injury; (2) federal bank robbery may be committed through “intimidation” which does not require a threat of violent physical force, see United States v. Hopkins, 703 F.2d 1102, 1103 (9th Cir. 1983), and United States v. Parnell, 818 F.3d 974, 980 (9th Cir. 2016); and (3) the minimum culpable conduct for a conviction of federal unarmed bank robbery does not require the presence of another person.
discussed Cited as authority (rule) United States v. West
D.D.C. · 2018 · confidence medium
See, e.g., Unilea’ Siales v. Winslon, 850 F.3d 677, 685 (4th Cir. 2017) (Virginia common law robbery, which “encompass[es] a range of a’e minimis con/acl by a defeiidaiit,” does not satisfy elements clause (emphasis added)); Unilecl Slales v. Eason, 829 F.3d 633, 640-42 (8th Cir. 2016) (Arl<ansas robbery statute, which covers takings made with “any . . . bodily impact,” does not satisfy elements clause (emphasis added)); Unirea’ Slales v. Parne/l, 818 F.3d 974, 978 (9th Cir. 2016) (l\/lassachusetts robbery statute, which covers usc of “any force, however sligln,” to obtain pr…
examined Cited as authority (rule) United States v. Dawayne Brown (4×) also: Cited "see"
D.C. Cir. · 2018 · confidence medium
Id. at 982 (Watford, J., concurring).
examined Cited as authority (rule) United States v. Rogelio Sanchez Molinar (3×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2018 · confidence medium
In addition, on page 964, in the dissent, “see also United States v. Parnell, 818 F.3d 974, 982 (9th Cir. 2016) (Watford, J., concurring) (noting that at common law, “[t]o commit robbery, the defendant also had to use violence or intimidation to coerce the victim into parting with his property”)” is added after “Santiesteban- Hernandez, 469 F.3d at 830 (“The immediate danger element is what makes robbery deserving of great 4 UNITED STATES V.
examined Cited as authority (rule) United States v. Rogelio Sanchez Molinar (4×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2017 · confidence medium
In addition, on page 964, in the dissent, “see also United States v. Parnell, 818 F.3d 974, 982 (9th Cir. 2016) (Watford, J., concurring) (noting that at common law, “[t]o commit robbery, the defendant also had to use violence or intimidation to coerce the victim into parting with his property’)” is added after “Santiesteban-Hernandez, 469 F.3d at 380 (“The immediate danger element is' what makes robbery deserving of great punishment than that provided for larceny.” (internal quotation marks omitted))”.
discussed Cited as authority (rule) United States v. Lynch
D. Mont. · 2017 · confidence medium
Some cases from other jurisdictions construe language identical or very similar to the language of the Hobbs Act and find their terms met by minimal force or contact. 2 See, e.g., United States v. Parnell, 818 F.3d 974, 978-82 (9th Cir. 2016).
discussed Cited as authority (rule) United States v. Starks, Jr. (2×) also: Cited "see"
1st Cir. · 2017 · confidence medium
See United States v. Parnell, 818 F.3d 974, 979-82 (9th Cir. 2016); id. at 982 (Watford, J., concurring).
cited Cited as authority (rule) United States v. Eddie Strickland, Jr.
9th Cir. · 2017 · confidence medium
United States v. Parnell, 818 F.3d 974, 978 (9th Cir. 2016).
discussed Cited as authority (rule) United States v. O'Shea
D. Mass. · 2017 · confidence medium
Moreover, in United States v. Parnell, the Ninth Circuit held that the Massachusetts crime of armed robbery, which can be committed with the same, minimal degree of force, is not a violent felony. 818 F.3d 974, 978 (9th Cir. 2016). 5 In Mulkern, using the same reasoning, the First Circuit held that robbery under the Maine statute.
discussed Cited as authority (rule) United States v. Nicholas
10th Cir. · 2017 · confidence medium
See, e.g., United States v. Eason, 829 F.3d 633, 640-42 (8th Cir. 2016) (Arkansas robbery); United States v. Gardner, 823 F.3d 793, 803-04 (4th Cir. 2016) (North Carolina robbery); United States v. Parnell, 818 F.3d 974, 979 (9th Cir. 2016) (Massachusetts armed robbery); see also United States v. Bell, 840 F.3d 963, 964-67 (8th Cir. 2016) (holding Missouri second-degree robbery does not qualify as a crime of violence under Sentencing Guidelines).
discussed Cited as authority (rule) United States v. Hugo Rivera-Muniz
9th Cir. · 2017 · confidence medium
Under this analysis— the categorical approach — the court exam *1050 ines “only the fact of conviction and the statutory definition of the prior offense.” United States v. Parnell, 818 F.3d 974, 978 (9th Cir. 2016) (citation and internal quotation marks omitted).
cited Cited as authority (rule) United States v. Lattanzio
D. Mass. · 2017 · confidence medium
United States v. Parnell, 818 F.3d 974, 979 (9th Cir. 2016); United States v. Redrick, 841 F.3d 478, 484 (D.C.
discussed Cited as authority (rule) United States v. Savage
C.D. Cal. · 2017 · signal: cf. · confidence medium
Cf. also, e.g., U.S. v. Parnell, 818 F.3d 974, 981 (9th Cir. 2016) (“[B]eeause the degree of force required to commit armed robbery in Massachusetts is immaterial so long as the victim is aware of it, Massachusetts’ armed robbery statute does not have ‘as an element the use, attempted use, or threatened use of force against the person of another.’ [ACCA] Under the categorical approach, therefore, a conviction under the Massachusetts statute does not qualify as a violent felony under ACCA’s force clause.
discussed Cited as authority (rule) United States v. Collins
D.R.I. · 2016 · confidence medium
See, e.g., United States v. Hernandez-Montes, 831 F.3d 284, 294 (5th Cir. 2016) (holding that Florida second-degree murder is not a crime of violence requiring a sentencing enhancement); United States v. Parnell, 818 F.3d 974, 977-78 (9th Cir. 2016) (holding that Massachusetts armed bank robbery is not a violent felony under ACCA); United States v. Madrid, 805 F.3d 1204, 1207-08 (10th Cir. 2015) (holding that Texas aggravated sexual assault of minor under 14 years old is not a crime of violence for purposes of a sentencing enhancement); United States v. Braun, 801 F.3d 1301, 1307-08 (11th Cir.…
discussed Cited as authority (rule) United States v. Carlos Mendoza-Padilla
9th Cir. · 2016 · confidence medium
Applying it, we ask whether Florida manslaughter corresponds to the elements of the generically defined crime under common law “by examining only the fact of conviction and the statutory definition of the prior offense.” United States v. Parnell, 818 F.3d 974, 978 (9th Cir. 2016) (internal quotation marks omitted).
discussed Cited as authority (rule) Villanueva v. United States
D. Conn. · 2016 · confidence medium
Further to this point, at oral argument the United States observed that the conse quences of determining that the Elements Clause cannot encompass first degree assault and assault on an officer appears illogical: who would reasonably have' supposed that such crimes would not qualify as “violent felonies?” But see, e.g., United States v. Parnell, 818 F.3d 974, 982 (9th Cir.2016) (Watford, J., concurring) .(“The notion that robbery is not a ‘violent felony,’ as that term is defined in [ACCA], strikes me as counterintuitive to say the least.
discussed Cited as authority (rule) Robinson v. United States (2×) also: Cited "see"
E.D. Wis. · 2016 · confidence medium
United States v. Parnell, 818 F.3d 974, 979 (9th Cir.2016).
discussed Cited "see" Joshua Ward v. United States (2×) also: Cited "see, e.g."
9th Cir. · 2019 · signal: see · confidence high
See United States v. Parnell, 818 F.3d 974, 978 (9th Cir. 2016).
discussed Cited "see" Commonwealth v. Mora
Mass. · 2017 · signal: see · confidence high
See United States v. Parnell, 818 F.3d 974, 981 (9th Cir. 2016) (robbery is not “violent crime” within meaning of Federal armed career criminal statute, from which Massachusetts statute borrows its definition). *408 Because the crime of robbery can encompass conduct satisfying one of several definitions, not all of which are violent, to determine whether robbery is a violent crime for purposes of the act, the Commonwealth must provide not only the certified record of conviction but also evidence of the circumstances surrounding the robbery. 7 See Eberhart, 461 Mass. at 816-817 , citing Col…
cited Cited "see" Commonwealth v. Widener
Mass. App. Ct. · 2017 · signal: see · confidence high
See United States v. Parnell, 818 F.3d 974 , 981 n.5 (9th Cir. 2016).
cited Cited "see" United States v. King
D.N.M. · 2017 · signal: see · confidence high
(Doc. 12 at 20-21); see Parnell, 818 F.3d at 974.
cited Cited "see" Commonwealth v. Robinson-Stewart
Mass. Super. Ct. · 2016 · signal: accord · confidence high
Accord United States v. Parnell, 818 F.3d 974, 978-82 (9th Cir. 2016) (armed robbery under G.L.c. 265, §17, not “violent felony” under federal ACCA).
discussed Cited "see, e.g." Delbert Reliford v. United States
6th Cir. · 2019 · signal: see also · confidence low
See United States v. Mendez, 593 F. App’x 441, 443 (6th Cir. 2014) (Indiana felony battery) (“Force that would result in mere offensive touching is not ‘violent force.’”); see also United States v. Parnell, 818 F.3d 974 (9th Cir. 2016) (Massachusetts armed robbery not a violent felony); United States v. Eason, 829 F.3d 633 (8th Cir. 2016) (Arkansas robbery not a violent felony); United States v. Gardner, 823 F.3d 793 (4th Cir. 2016) (North Carolina common- law robbery not a violent felony).
cited Cited "see, e.g." United States v. Givens
D. Nev. · 2017 · signal: see, e.g. · confidence low
See, e.g., United States v. Parnell, 818 F.3d 974 (9th Cir. 2016).
discussed Cited "see, e.g." United States v. Kareem Doctor (2×)
4th Cir. · 2016 · signal: see, e.g. · confidence medium
See, e.g., United States v. Parnell, 818 F.3d 974, 979 (9th Cir. 2016) (holding that Massachusetts armed robbery, which requires only “minimal, nonviolent force,” does not meet the physical force threshold).
discussed Cited "see, e.g." United States v. Webb
D. Mass. · 2016 · signal: see, e.g. · confidence low
See, e.g., United States v. Parnell, 818 F.3d 974 , 981 n.5 (9th Cir. 2016) (relying on a line of Ninth Circuit precedent that justified the exclusion of recklessness offenses from the universe of crimes of violence/violent felonies on the language in Leocal, to rule that reckless Massachusetts ABDW is outside the scope of the ACCA force clause); United States v. Duran, 696 F.3d 1089, 1095 (10th Cir. 2012) (concluding that Texas reckless aggravated assault is not a crime of violence under either clause of the Guidelines because Begay had ruled that under the ACCA residual clause, a violent fel…
discussed Cited "see, e.g." United States v. Abdul Howard
9th Cir. · 2016 · signal: see also · confidence low
See United States v. Dominguez-Maroyoqui, 748 F.3d 918, 921 (9th Cir. 2014) (assault statute criminalizing “any force whatsoever against a federal officer” does not categorically require “violent force capable of causing physical pain or injury”); United States v. Flores-Cordero, 723 F.3d 1085, 1088 (9th Cir. 2013) (resisting arrest statute criminalizing even a “minor scuffle” did not qualify as a crime of violence); see also United States v. Parnell, 818 F. 3d 974 (9th Cir. 2016) (Massachusetts armed robbery statute criminalizing any level of force as long as the victim is aware o…
discussed Cited "see, e.g." United States v. Abdul Howard
9th Cir. · 2016 · signal: see also · confidence low
See United States v. Dominguez-Maroyoqui, 748 F.3d 918, 921 (9th Cir.2014) (assault statute criminalizing “any force whatsoever against a federal officer” does not categorically require "violent force capable of causing physical pain or injury”); United States v. Flores-Cordero, 723 F.3d 1085, 1088 (9th Cir.2013) (resisting arrest statute criminalizing even a "minor scuffle” did not qualify as a crime of violence); see also United States v. Parnell, 818 F.3d 974 (9th Cir.2016) (Massachusetts armed robbery statute criminalizing any level of force as long as the victim is aware of the ac…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Paul Edward PARNELL, Defendant-Appellant
14-30208.
Court of Appeals for the Ninth Circuit.
Apr 12, 2016.
818 F.3d 974
Robert K. Schwarz (argued) and Melissa Winberg, Federal Defender Services of Idaho, Boise, ID, for Défendant-Appellant., Wendy J. Olson, United States Attorney, Christian S. Nafzger, Assistant United States Attorney, and Joshua D. Hurwit (argued), District of Idaho, Boise, ID, for Plaintiff-Appellee.
Fisher, Watford.
Cited by 68 opinions  |  Published  |  Criminal
1 passage pin-cited by 1 case
Pinpoint authority: bottom 61%
Citer courts: D. Oregon (1)

Lead Opinion

Opinion by Judge FISHER; Concurrence by Judge WATFORD.

OPINION

' FISHER, Circuit Judge:

Paul Edward Parnell was found guilty of . unlawful possession of a firearm in 'violation of 18 U.S.C. § 922(g)(1).[1] The government sought' an enhanced penalty under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), which provides that a person who violates § 922(g) and who “has three previous convictions” for a “violent felony” shall be imprisoned for a minimum of 15 years and a maximum of life. 18 U.S.C. § 924(e). A “violent felony” is defined as “any crime punishable by imprisonment for a term exceeding one year” -that “(i) has as a/n element the use, attempted use, or threatened use of physical force against the person of another, or (ii) is burglary, arson, or extortion, involves use of. explosives, or otherwise involves conduct -that presents a serious potential risk of physical injury to another.” Id. § 924(e)(2)(B) (emphasis added). Under § 924(e)(2)(B)(i), known as the force clause, “the phrase ‘physical force’ means violent force — that is, force capable of causing physical pain- or injury to another person.” Johnson v. United States, 559 U.S. 133, 140, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010).

' The district court concluded Parnell qualifies as an armed career criminal based in part' on his 1990 conviction for armed robbery. See Mass. Gen. Laws[*978] Ann. ch. 265, § 17. Parnell argues this offense does not have “as an element the use, attempted use, or threatened use of physical force against the person of another.” We agree.

DISCUSSION

We review de novo a district court’s conclusion that a prior conviction is a predicate offense under ACCA.. See United States v. Snyder, 643 F.3d 694, 696 (9th Cir.2011). “To determine whether a prior conviction qualifies as a violent felony under 18 U.S.C. § 924(e), we apply the ‘categorical approach’ outlined by the Supreme Court in Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990).” United States v. Jennings, 515 F.3d 980, 987 (9th Cir.2008). “Under that approach, we initially evaluate whether a defendant’s prior conviction corresponds to an offense enumerated as a violent felony in § 924(e)(2) by examining only ‘the fact of conviction and the statutory definition of the prior offense.’” Id. (quoting Taylor, 495 U.S. at 602, 110 S.Ct. 2143). “Where the statute of conviction is overinclusive, criminalizing some conduct that would qualify as a predicate offense and other conduct that would not, Taylor authorizes courts to ‘go beyond the mere fact of conviction in a narrow range of cases where a jury was actually requiréd to find all the elements of the enumerated offense.’” Id. (alteration omitted) (quoting Taylor, 495 U.S. at 602, 110 S.Ct. 2143). “In such cases, we employ the ‘modified categbrical approach’ and examine the charging paper, and jury instructions to determine whether the defendant was necessarily convicted of an offense corresponding to one listed in § 924(e)(2).” Id. Only in the case of a divisible statute, however, does the modified categorical approach apply. See Ramirez v. Lynch, 810 F.3d 1127, 1131 (9th Cir.2016) (citing Descamps v. United States, — U.S. -, 133 S.Ct. 2276, 2283-85, 186 L.Ed.2d 438 (2013)). Here, we hold Parnell's conviction for armed robbery does not qualify as a violent felony under the categorical approach.

For an individual to be convicted of armed robbery under Massachusetts law, Mass. Gen. Laws Ann. ch. 265, § 17, the jury must find the defendant (1) committed a robbery (2) while in possession of a weapon. See King v. MacEachern, 665 F.3d 247, 253 (1st Cir.2011) (citing Commonwealth v. Tevlin, 433 Mass. 305, 741 N.E.2d 827, 833 (2001)).[2]

To satisfy the first element, a robbery cari be committed in one of two ways: (1) “by force and violence” (i.e., the actual force prong) or (2) “by assault and putting in fear” (i.e., the constructive force prong). Mass. Gen. Laws Ann. ch. 265, § 19(b).[3] Under either prong, “the degree of force is immaterial so long as it is sufficient to obtain the victim’s property ‘against his will.’ ” Commonwealth v. Jones, 362 Mass. 83, 283 N.E.2d 840, 843 (1972) (quoting Mass. Gen. Laws Ann. ch. 277, § 39). “[S]o long as the victim is aware of the application of force which relieves him of his property ..., the requisite degree of force is present to make the[*979] crime robbery.” Id. at 844-45. The offense need not involve resistance by the victim. See id. at 844 (recognizing but declining to follow the majority rule, under which “snatching does not involve sufficient force to constitute robbery, unless the victim resists the taking or sustains physical injury, or unless the article taken is so attached to the victim’s clothing as to afford resistance”). Under the actual force prong, moreover, it is not necessary that the victim be placed in fear. See id. at 843; Commonwealth v. Brown, 2 Mass. App.Ct. 883, 318 N.E.2d 486, 487 (1974).

To satisfy the second element of armed robbery, the defendant must possess a dangerous weapon during the commission of the offense. The weapon, however, need not be “fired, employed to effectuate the robbery, used in a threatening manner, or’ even generally or openly displayed.” King, 665 F.3d at 253. Nor need the victim be aware of the weapon’s presence. See Commonwealth v. Goldman, 5 Mass.App.Ct. 635, 367 N.E.2d 1181, 1182 (1977).

We agree with Parnell that the force required by the actual force prong of robbery under Massachusetts law does not satisfy the requirement of physical force under § 924(e)(2)(B)(i) — “force capable of causing physical pain or injury to another person.” Johnson, 559 U.S. at 140, 130 S.Ct. 1265. Because the “degree of force is immaterial,” Jones, 283 N.E.2d at 843 (emphasis added), accord Commonwealth v. Joyner, 467 Mass. 176, 4 N.E.3d 282, 293 (2014), any force, however slight, will Satisfy this prong so long as the victim is aware of it. Such force is insufficient under Johnson.

Purse snatching cases upon which Parnell relies demonstrate the Massachusetts statute does apply to minimal, nonviolent force. In Jones, 283 N.E.2d at 842, for example, the defendant simply grabbed the victim’s pocketbook from her arm. The victim explained: “I really couldn’t tell you what he did. All I knew he was standing there. Next thing I knew, I felt something off my arm. I realized my bag was gone.” Id. The court held this testimony proved sufficient force to satisfy the statute, because “[s]natching necessarily involves , the exercise of some actual force.” Id. at 845 (emphasis added). The court held “where, as here, the actual force used is sufficient to produce awareness, although the action may be so swift as to leave the victim momentarily in a dazed condition, the requisite degree of force is present to make the crime robbery,” Id. (emphasis added). Similarly, in Brown, 318 N.E.2d at 487, the defendant was convicted of robbery where he merely snatched a small purse the victim was holding in her hand, touching neither her hand nor her body. The court held “the pulling of a purse from a victim’s hand constituted sufficient force to satisfy the ‘by force and violence’ alternative of the statutory definition” of robbery. Id.4

Under our case law applying Johnson, this level of force — the snatching of a purse from a victim’s hand — does not constitute force .“capable of causing physical pain or injury to another person.” Johnson, 559 U.S. at 140, 130 S.Ct. 1265. In United States v. Dominguez-Maroyoqui, 748 F.3d 918, 921 (9th. Cir.2014), for example, we held the crime of assaulting a federal officer was not a crime of violence under Johnson because it reached conduct[*980] such as chasing a prosecutor down the street and bumping into him, walking up to a prosecutor and jolting her arm and shoulder, grabbing a wildlife agent’s jacket or spitting in a mail carrier’s face. Similarly, in United States v. Flores-Cordero, 723 F.3d 1085, 1087-88 (9th Cir.2013) (as amended), we held Arizona’s crime of resisting arrest was not a crime of violence under Johnson because it reached conduct such as a “minor scuffle” in which a defendant kicked at officers who were attempting to place her in.handcuffs. If the level of force in Dominguez-Maroyoqui and Flores-Cordero was not capable of causing physical, pain or injury, then neither is the. snatching of a purse from a victim’s hand.

At oral argument, the government contended the armed robbery offense nonetheless satisfies the force clause because it encompasses a willingness to inflict bodily injury on a resisting victim if necessary. See Jones, 283 N.E.2d at 844. The Massachusetts cases do not require proof of a willingness to use such force. But even if they did, the force clause requires the actual, attempted or threatened use of physical force, see 18 U.S.C. § 924(e)(2)(B)(i), not a mere uncommuni-cated willingness or readiness to use such force. A willingness to use violent force is not the same as a threat to do so. The latter requires some outward expression or indication of an intention to inflict pain, harm or punishment.' See Threat and Threaten, Webster's Third New International Dictionary 2382 (2002); Threat and Threaten, Am. Heritage Dictionary of the English Language 1813 (5th ed. 2011); Threat, Black’s Law Dictionary (10th ed. 2014). The former does not.

For similar reasons, we are not persuaded a simple snatching necessarily entails an implied threat to use violent.force to overcome a. victim’s potential resistance. Although some snatchers are prepared to use violent force to overcome resistance, others are not. Notably, a defendant can be convicted of robbery in Massachusetts even if the victim is not placed in fear. See Jones, 283 N.E.2d at 843; Brown, 318 N.E.2d at 487; 14A Mass. -Prac., Summary of Basic Law § 7:217 (5th ed. 2015). If, every robbery involved an implied threat of violent force, every victim would be placed in fear. This, obviously, js not the case under Massachusetts law.

By its very nature, of course, armed robbery is a serious and dangerous crime. The possession of a dangerous weapon may indicate a robber’s willingness to use that weapon if necessary to accomplish the criminal undertaking. See Goldman, 367 N.E.2d at 1182. The mere fact an individual is armed, however, does not mean he or she has used the weapon, or threatened to use it, in any way. See United States v. Werle, 815 F.3d 614, 621-22 (9th Cir.2016). As noted, the Massachusetts statute does not require a weapon be used or displayed, or even that the victim be aware of it. See King, 665 F.3d at 253; Goldman, 367 N.E.2d at 1182. There is a material difference between the presence of a weapon, which produces a risk of violent force, and the actual or threatened use of such force. Only the latter falls • within ACCA’s force clause. Offenses presenting only a.risk of violence fall within ACCA’s residual clause, see 18 U.S.C. § 924(e)(2)(B)(ii) (defining a violent felony to include an offense that “otherwise involves conduct, that presents a serious potential risk of physical injury to another”), which, as the government concedes, does not apply here. See Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 2563, 192 L.Ed.2d 569 (2015) (holding the residual clause is unconstitutionally vague and, hence, imposing an 'increased sentence under the residual clause violates the Constitution’s guarantee of due process). Nor can we presume an implied threat to use a weapon from a defendant’s mere possession of it. As we explained in[*981] Werle, 815 F.3d at 622, “a defendant could be convicted of felony riot if there was a knife in his pocket or a gun within his reach but he did not use or threaten to use physical force. This would -not qualify as a crime of violence under the ACCA.” The mere possession of a weapon, therefore, does not bring Massachusetts’ armed robbery statute within ACCA’s force clause.

We acknowledge the First - Circuit’s holding in United States v. Luna, 649 F.3d 91 (1st Cir.2011). Addressing .the same Massachusetts armed robbery statute at issue here, Luna held the statute satisfied the force clause because the defendant had “provided no reason for us to conclude that the type of force involved in armed robbery is not ‘violent force — that is, force capable of causing physical pain or injury,’ and we see.no reason to do so.” Id, at 108-09, (citation omitted) (quoting Johnson, 559 U.S. at 140, 130 S.Ct. 1265). Lima, however, does not carry significant persuasive weight. The court’s discussion of the Johnson issue consists of only a single sentence, provides no reasoning and makes no mention of the Massachusetts case law deeming the degree of force immaterial to a conviction for armed robbery.

We are instead persuaded by the First Circuit’s more thorough and well-reasoned analysis in United States v. Castro-Vazquez, 802 F.3d 28 (1st Cir.2015). The defendant there had a prior conviction under Puerto Rico’s robbery statute, which criminalizes a person’s “unlawfully taking personal property belonging to another in the immediate presence of said person and against his/her will by means of violence or intimidation.” Id. at 37 (alteration omitted) (quoting P.R. Laws Ann. tit. 33, § 4826) (internal quotation marks omitted). Assuming “violence is defined under Puerto Rico law to include the slightest use of force,” the First Circuit held “the prior offense would fall short of the ... requirement that the offense include an element of ‘physical force,’ which is defined as ‘violent force — that is, force capable of causing physical pain or injury to another person.’” Id. Castro-Vazquez is analogous to this case and persuasive. See also United States v. Dunlap, No. 1:14-CR-00406-AA, 2016 WL 591757, at *5, — F.Supp.3d -, (D.Or. Feb. 12, 2016) (holding a conviction. for robbery under Oregon Revised Statutes § 164.395(1), which “requires only minimal force,” does not satisfy Johnson, 559 U.S. 133, 130 S.Ct. 1265).

In sum, because the degree of force required to commit armed robbery in Massachusetts is immaterial so long as the victim is aware of it, Massachusetts’ armed robbery statute does not have “as an element the use, attempted use, or threatened use of physical, force against the person . of. another.” 18 U.S.C. § 924(e)(2)(B)(i). Under the categorical approach, therefore, a conviction under the Massachusetts statute does not qualify as a violent felony under ACCA’s force clause. The government does not argue Parnell’s conviction falls under § 924(e)(2)(B)(ii) or that the modified categorical approach applies. Accordingly, we hold Parnell’s 1990 armed robbery conviction does not qualify as a predicate conviction for purposes of a sentencing enhancement under ACCA.

Given that neither this conviction nor Parnell’s 1989 conviction for assault and battery by dangerous weapon qualifies as a violent felony, the district court erred by sentencing. Parnell as an armed career offender under § 924(e).[5] [*982] We therefore vacate Parnell’s sentence and remand for resentencing. Because we vacate Parnell’s sentence on this ground, we need not address his contention regarding the government’s improper argument at sentencing.

CONCLUSION

For the reasons stated in a concurrently-filed memorandum disposition, we affirm Parnell’s conviction. For the reasons stated here, we vacate Parnell’s sentence and remand for resentencing.

AFFIRMED IN PART; VACATED IN PART; REMANDED.

2

See Mass. Gen. Laws Ann. ch. 265, § 17 ("Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other proper- ty which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years----”).

3

See Mass. Gen. Laws Ann. ch. 265, § 19(b) ("Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of another, or from his immediate control, money or other property which may be the subject of larceny, shall be punished by imprisonment in the state prison for life or for any term of years.”).

4

. Jones and Brown also show there exists a realistic probability, not merely a theoretical possibility, that Massachusetts would apply its robbery and armed robbery statutes to conduct falling outside ACCA’s violent felony definition. See Ramirez, 810 F.3d at 1131 (citing Gonzales v. Duenas-Alvarez, 549 U.S. 183, 193, 127 S.Ct. 815, 166 L.Ed.2d 683 (2007)).

5

Parnell argues, 'and the government does not dispute, that his 1989 conviction for assault and battery by dangerous weapon (ABDW), see Mass. Gen. Laws Ann. ch. 265, § 15A, does not qualify ás a violent felony. Under Massachusetts law,- an ABDW conviction may be predicated on a reckless act caus[*982] ing physical or bodily injury to another. See Commonwealth v. Burno, 396 Mass. 622, 487 N.E.2d 1366, 1368-69 (1986); see also United States v. Fish, 758 F.3d 1, 10 (1st Cir.2014); United States v. Hart, 674 F.3d 33, 41-43 & nn. 7-8 (1st Cir.2012), We have held, however, that the ACCA’s force clause reaches only offenses requiring the intentional use of force. See United States v. Dixon, 805 F.3d 1193, 1197 (9th Cir.2015); United States v. Lawrence, 627 F.3d 1281, 1284 (9th Cir.2010). The district court therefore erred by relying on Parnell's ABDW conviction as an ACCA predicate.

Concurrence

WATFORD, Circuit Judge,

concurring:

I join the court’s opinion in full, although I confess I was initially inclined to affirm the sentence. The notion that robbery is not a “violent felony,” as that term is defined in the Armed Career Criminal Act (ACCA), strikes me as counterintuitive to say the least. Holding that armed robbery doesn’t qualify as a violent felony seems even more absurd. But, as the court’s opinion persuasively explains, that conclusion is compelled by two oddities of Massachusetts law.

The first is that Massachusetts has abandoned the traditional common-law definition of robbery. To distinguish robbery from larceny, the common law required more than just stealing property from the person of another. To commit robbery, the defendant also had to use violence or intimidation to coerce the victim into parting with his property. See 3 Wayne R. LaFave, Substantive Criminal Law § 20.3, at 173, 181-89 (2d ed. 2003). In Massachusetts, however, a defendant may be convicted of robbery without using violence or intimidation of any sort. See Commonwealth v. Jones, 362 Mass. 83, 283 N.E.2d 840, 843-45 (1972). It’s enough, for example, if the defendant sneaks up behind the victim and snatches a purse from her hand without so much as touching the victim or doing anything to put her in fear beforehand. Commonwealth v. Brown, 2 Mass.App.Ct. 883, 318 N.E.2d 486, 487 (1974).

The second oddity is this: In Massachusetts, armed robbery consists of robbery (as defined above) while in possession of a dangerous weapon. The weapon need not play any role in the offense, as is often required in other States, and the victim need not even be aware of the weapon’s existence. See, e.g., Commonwealth v. Rogers, 459 Mass. 249, 945 N.E.2d 295, 301 n. 6 (2011); Commonwealth v. Goldman, 5 Mass.App.Ct. 635, 367 N.E.2d 1181, 1182 (1977). Thus, the same purse-snatcher described above is guilty of armed robbery under Massachusetts law so long as he has a gun concealed on his person — even if the victim never learns of the gun’s presence, and even if the gun plays no role in facilitating the crime. So again, strange as it may seem, in Massachusetts a defendant can be found guilty of armed robbery without using or threatening to use any violence whatsoever.

The conduct encompassed by Massachusetts’ armed robbery statute surely falls within the scope of the ACCA’s so-called residual clause, 18 U.S.C. § 924(e)(2)(B)(ii). But that clause is no longer valid. Johnson v. United States, [*983] — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). To qualify now as a violent felony, armed robbery must have as an element the use, attempted use, or threatened use of violent physical force. 18 U.S.C. § 924(e)(2)(B)(i). That.is not the case under Massachusetts law, so Parnell’s prior armed robbery conviction cannot serve as the basis for.an enhanced sentence under the ACCA.