United States v. Wilson Lewis Davis, 915 F.2d 132 (4th Cir. 1990). · Go Syfert
United States v. Wilson Lewis Davis, 915 F.2d 132 (4th Cir. 1990). Cases Citing This Book View Copy Cite
15 citation events (8 in the last 25 years) across 6 distinct courts.
Cited for
At page 133 Determining if unarmed robbery constitutes a crime of violence11 citing casesnoting that § 2113(a), “by its terms, cannot be violated unless property is taken ‘by force and violence’ or ‘by intimidation’1 citing court put it this way
  • Malott v. United States, No. 1:20-cv-00265 (D.N.M. Mar. 26, 2021).
    See Johnson v. United States, 779 F.3d 125 , 128-29 (2d Cir.2015); United States v. Davis, 915 F.2d 132, 133 (4th Cir.1990); United States v. Maddalena, 893 F.2d 815, 819 (6th Cir.1989); United States v. Jones, 932 F.2d 624, 625 (7th Cir.1…
  • Garcia v. United States, No. 1:16-cv-00355 (D.N.M. Jan. 29, 2021).
    See Johnson v. United States, 779 F.3d 125 , 128-29 (2d Cir.2015); United States v. Davis, 915 F.2d 132, 133 (4th Cir.1990); United States v. Maddalena, 893 F.2d 815, 819 (6th Cir.1989); United States v. Jones, 932 F.2d 624, 625 (7th Cir.1…
  • Armstrong v. USA - 2255, No. 8:19-cv-00103 (D. Md. Dec. 19, 2019).
    McNeal, 818 F.3d at 152 (citing United States v. Davis, 915 F.2d 132, 133 (4th Cir. 1990)).
  • United States v. Andre Lewis, No. 16-4378 (3d Cir. Jan. 8, 2018).unpublished
    See United States v. Wright, 957 F.2d 520, 521 (8th Cir. 1992); United States v. Jones, 932 F.2d 624, 625 (7th Cir. 1991); United States v. Selfa, 918 F.2d 749, 751 (9th Cir. 1990); United States v. Davis, 915 F.2d 132, 133 (4th Cir. 1990)…
  • United States v. Eddie Lavon McNeill, 37 F.3d 1496 (4th Cir. 1994).published
    United States v. Davis, 915 F.2d 132, 133 (4th Cir.1990).
  • United States v. Julian Elmo Bailey, 7 F.3d 226 (4th Cir. 1993).unpublished
    United States v. Davis, 915 F.2d 132, 133 (4th Cir. 1990). 4 Bailey's third argument is that he should receive credit for the time he spent in state incarceration while being prosecuted for the same offense on state charges.
  • United States v. James McNeal, 818 F.3d 141 (4th Cir. 2016).published
    See United States v. Davis, 915 F.2d 132, 133 (4th Cir.1990); accord Johnson v. United States, 779 F.3d 125, 128-29 (2d Cir.2015); *153 United States v. Wright, 957 F.2d 520, 521 (8th Cir.1992); United States v. Jones, 932 F.2d 624, 625 (7…
  • United States v. Ketchum, 550 F.3d 363 (4th Cir. 2008).published
    (noting that § 2113(a), “by its terms, cannot be violated unless property is taken ‘by force and violence’ or ‘by intimidation’)
  • United States v. Harold L. Kelly, 19 F.3d 1430 (4th Cir. 1994).unpublished
    See United States v. Davis, 915 F.2d 132, 133 (4th Cir.1990); United States v. Bayerle, 898 F.2d 28, 30 (4th Cir.), cert. denied, 498 U.S. 819 (1990). 5 As required by Anders, we have independently reviewed the entire record and all pertin…
  • United States v. Steven Ray Woodring, 989 F.2d 497 (4th Cir. 1993).unpublished
    See United States v. Davis, 915 F.2d 132, 133 (4th Cir. 1990); United States v. Bayerle, 898 F.2d 28, 30 (4th Cir.), cert. denied, 59 U.S.L.W. 3244 (U.S. 1990). 5 As required by Anders, we have independently reviewed the entire record and…
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UNITED STATES of America, Plaintiff-Appellee,
v.
Wilson Lewis DAVIS, Defendant-Appellant
89-5755.
Court of Appeals for the Fourth Circuit.
Oct 3, 1990.
Published opinion
915 F.2d 132
1990 U.S. App. LEXIS 17450
1990 WL 142704
Charles Linwood Morgan, Jr. (argued), Wishart, Norris, Henninger & Pittman, Charlotte, N.C., for defendant-appellant., Joseph Douglas Wilson (argued), U.S. Dept, of Justice, Washington, D.C. (Thomas J. Ashcraft, U.S. Atty., David Alan Graham, Asst. U.S. Atty., Charlotte, N.C., on the brief), for plaintiff-appellee.
Wilkinson, Wilkins, Bullock, Middle.
Cited by 15 opinions  |  Published
PER CURIAM:

Wilson Davis pled guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a) and to one count of theft of bank funds in violation of 18 U.S.C. § 2113(b). Davis was sentenced pursuant to the Sentencing Guidelines to 240 months in jail. Davis argues on appeal that the district court erred at sentencing by classifying him as a career offender and by not departing downward since he was unarmed during the commission of the robbery. We affirm.

Because the offense of unarmed robbery was treated as a crime of violence with a statutory maximum of twenty years, Davis’s base offense level was 32. Davis had previously been convicted of two felony crimes of violence, and this latest conviction made him a career offender with a criminal history category of VI. The Sen[*133] tencing Guidelines range is 210-262 months. Had the robbery not been considered a crime of violence, Davis’s base offense level would have been 17 and his criminal history category would have been III. The Sentencing Guidelines range would be 30-37 months.

Davis argues that it was error to classify him as a career offender under the Guidelines because unarmed robbery is not a crime of violence. There is no merit to Davis’s position. The Guidelines provide that:

A defendant is a career offender if (1) the defendant was at least eighteen years old at the time of the instant offense, (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

U.S.S.G. § 4B1.1. Whether Davis’s latest felony conviction was a crime of violence is the only career offender element which he contests. The Guidelines define “crime of violence” as any offense punishable by imprisonment for a term exceeding one year which “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” U.S.S.G. § 4B1.2, comment, (n. 1). In the instant case, Davis handed the bank teller a note which stated, “Give me $500 or I will shoot you.” This note clearly threatened physical force against the bank teller and qualifies Davis’s felony as a crime of violence. Also, application note 1 to Guidelines section 4B1.2 makes clear that robbery is a crime of violence regardless of the presence of a weapon. Furthermore, Davis was convicted pursuant to the unarmed bank robbery statute which, by its terms, cannot be violated unless property is taken “by force and violence” or “by intimidation.” 18 U.S.C. § 2113(a). Finally, the other circuits which have considered the issue have determined that when threats are made unarmed robbery is a crime of violence. See United States v. Borrayo, 898 F.2d 91, 94 & n. 5 (9th Cir.1989); United States v. Maddalena, 893 F.2d 815, 819-20 (6th Cir.1989).

Davis also argues that the district court at least should have departed downward because he was unarmed during the commission of the robbery. There is no merit to this argument because a refusal to depart downward from the applicable Sentencing Guidelines range is not appealable. See United States v. Bayerle, 898 F.2d 28, 30-31 (4th Cir.1990). The district court sentenced Davis to 240 months in jail because he was a career offender with three convictions for felony crimes of violence. He also had a drug history. Davis’s sentence was appropriate under the Guidelines.

AFFIRMED.