United States v. James E. Washington, 109 F.3d 335 (7th Cir. 1997). · Go Syfert
United States v. James E. Washington, 109 F.3d 335 (7th Cir. 1997). Cases Citing This Book View Copy Cite
67 citation events (20 in the last 25 years) across 20 distinct courts.
Strongest positive: United States v. Kenneth L. Harris (ca11, 2014-01-28)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Kenneth L. Harris
11th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
the prosecutor's power to pursue 11 case: 12-14482 date filed: 01/28/2014 page: 12 of 12 an enhancement under 3559(c)(1) is no more problematic than the power to choose between offenses with different maximum sentences.
discussed Cited as authority (verbatim quote) United States v. Kumar (2×) also: Cited as authority (rule)
2d Cir. · 2010 · quote attribution · 1 verbatim quote · confidence high
the three-strikes law was enacted before washington committed the bank robberies, so he had fair warning of the consequences attached to new violent offenses.
discussed Cited as authority (rule) Suggs v. United States
D. Conn. · 2023 · confidence medium
Fla. Dec. 6, 2016) (considering application of § 3559(c)(3)(A) even when not specifically raised at sentencing.) Because DefJeonhdnasnotn , would have had no reason to raise the applicability of § 3559(c)(3)(A) pre- the Court concludes that Defendant has not waived any arguments undc.e r N§ o3n5q5u9(acl)if(y3i)n(Ag )F. e lonies under § 3559(c)(3)(A) The burden is on PetitioneSre teo U snhiotewd tShtaatt eesa vc.h K ealelumnean, t of § 3559(c)(3)(A) is met by “clear and convincing§” evidence. 192 F.3d 1188, 1195 (9th Cir. 1999) (holding that 3559(c)(3)(A) “is a kind of affirmative d…
discussed Cited as authority (rule) James Spencer v. Warden Allenwood USP
3rd Cir. · 2019 · confidence medium
Cf. Gryger v. Burke, 334 U.S. 728, 732 (1948) (holding that enhancement of defendant’s sentence under Pennsylvania’s habitual offender statute, using pre-statute convictions, did not make statute “invalidly retroactive”); United States v. McCalla, 38 F.3d 675, 680 (3d Cir. 1994) (holding that use of defendant’s prior conviction to enhance punishment for his current offense was not a violation of the Ex Post Facto clause because the current offense was committed “subsequent to the effective date of the statutory amendment which provided for an enhanced punishment”); United States …
discussed Cited as authority (rule) United States v. Steven Syms
7th Cir. · 2017 · confidence medium
See Saunders, 973 F.2d at 1365-66 (defendant’s 262-month sentence for conspiring to distribute and intent to distribute 13 ounces of cocaine was not grossly disproportionate); United States v. Washington, 109 F.3d 335, 338 (7th Cir. 1997) (“The cruel and unusual punishments clause of the eighth amendment permits life imprisonment for a single drug crime.” (citation omitted)).
cited Cited as authority (rule) United States v. Deangelo Dixon
7th Cir. · 2015 · confidence medium
We held in United States v. Washington, 109 F.3d 335, 337 (7th Cir.1997), that “I have a gun” on a demand note prevents use of the affirmative defense in § 3559(c)(3)(A)(i).
discussed Cited as authority (rule) United States v. Kenneth L. Harris
11th Cir. · 2014 · confidence medium
See United States v. Gonzalez, 682 F.3d 201, 203 (2d Cir.2012) (“The authority that § 3559 delegates to prosecutors ... does not unconstitutionally delegate the judiciary’s power to the executive branch.”); United States v. Gurule, 461 F.3d 1238, 1246-47 (10th Cir.2006) (holding that § 3559 does not violate separation of powers principles); United States v. Kaluna, 192 F.3d 1188, 1199 (9th Cir.1999) (en banc) (same); United States v. Rasco, 123 F.3d 222, 226 (5th Cir.1997) (same); United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997) (“The prosecutor’s power to pursue an en…
discussed Cited as authority (rule) United States v. Gonzalez (2×) also: Cited "see"
2d Cir. · 2012 · confidence medium
See, e.g., United States v. Gurule, 461 F.3d 1238, 1246-47 (10th Cir.2006); United States v. Kaluna, 192 F.3d 1188, 1199 (9th Cir.1999); United States v. Rasco, 123 F.3d 222, 226-27 (5th Cir.1997); United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997).
discussed Cited as authority (rule) United States v. Thomas Carr
7th Cir. · 2008 · confidence medium
McDonald v. Massachusetts, 180 U.S. 311, 312-13 (1901); Gryger v. Burke, 334 U.S. 728, 732 (1948); United States v. Washington, 109 F.3d 335, 337-38 (7th Cir. 1997); United States v. Rasco, 123 F.3d 222, 227 (5th Cir. 10 Nos. 08-1438, 08-2008 1997); United States v. Brady, 26 F.3d 282, 290-91 (2d Cir. 1994).
discussed Cited as authority (rule) United States v. Dixon
7th Cir. · 2008 · confidence medium
McDonald v. Massachusetts, 180 U.S. 311, 312-13 , 21 S.Ct. 389 , 45 L.Ed. 542 (1901); Gryger v. Burke, 334 U.S. 728, 732 , 68 S.Ct. 1256 , 92 L.Ed. 1683 (1948); United States v. Washington, 109 F.3d 335, 337-38 (7th Cir.1997); United States v. Rasco, 123 F.3d 222, 227 (5th Cir.1997); United States v. Brady, 26 F.3d 282, 290-91 (2d Cir.1994).
cited Cited as authority (rule) United States v. Gurule
10th Cir. · 2006 · confidence medium
See United States v. Kaluna, 192 F.3d 1188, 1199 (9th Cir.1999) (en banc); United States v. Rasco, 123 F.3d 222, 226-27 (5th Cir.1997); United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997).
discussed Cited as authority (rule) United States v. Clark, Tony
7th Cir. · 2006 · confidence medium
The contention is foreclosed by Harmelin v. Michigan, 501 U.S. 957 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) (upholding life sentence for a single drug conviction against an Eighth Amendment challenge); see also United States v. Jensen, 425 F.3d 698, 708 (9th Cir.2005) (upholding mandatory life sentence under § 841(b)(1)(A) against Eighth Amendment challenge), cert. denied, - U.S. -, 126 S.Ct. 1664 , 164 L.Ed.2d 398 (2006); United States v. Washington, 109 F.3d 335, 338 (7th Cir. 1997) (holding a similar statute mandating life sentences for individuals convicted of three violent felonies does…
discussed Cited as authority (rule) Washington v. Cowan
7th Cir. · 2001 · confidence medium
Id. at 456 , 82 S.Ct. 501 (prosecutors’ “conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation”); see United States v. LaBonte, 520 U.S. 751, 761-62 , 117 S.Ct. 1673 , 137 L.Ed.2d 1001 (1997); United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997) (three-strikes provision of 18 U.S.C. § 3559 (c) did not violate separation of powers principles by giving prosecutor “too much power”); United States v. Wicks, 132 F.3d 383, 389-90 (7th Cir.1997) (same).
discussed Cited as authority (rule) United States v. Thomson
D. Utah · 2001 · confidence medium
See United *1229 States v. Bredy, 209 F.3d 1193, 1197-98 (10th Cir.2000) (citing United States v. Kaluna, 192 F.3d 1188, 1198-1200 (9th Cir.1999) (ruling that Three Strikes statute does not violate Double Jeopardy Clause, separation of powers principle, Ex Post Facto Clause, or Eighth Amendment’s proportionality guarantee), cert. denied, 529 U.S. 1056 , 120 S.Ct. 1561 , 146 L.Ed.2d 465 (2000); United States v. Wicks, 132 F.3d 383, 387-90 (7th Cir.1997) (holding that Three Strikes law does not violate due process, equal protection, separation of powers doctrine, or Commerce Clause); United St…
discussed Cited as authority (rule) United States v. Gaylon Richard Cox (2×) also: Cited "see"
8th Cir. · 2000 · confidence medium
We agree with the district court that “[t]he note, particularly when combined with what appeared to the teller to be a gun stuffed in [the] waistband [of Cox’s girlfriend], clearly constitutes the ‘threat of use’ of a firearm.” (Dist.Ct.Mem.Op. at 4); see Jones, 213 F.3d 1253, 1261-62 (defendant threatened use of firearm during bank robbery by announcing he had a gun and making gestures consistent with having gun); Washington, 109 F.3d at 337 (demand note that stated “I have a gun” implied threat of use of firearm).
discussed Cited as authority (rule) United States v. Gaylon Richard Cox (2×) also: Cited "see"
8th Cir. · 2000 · confidence medium
Op. at 4); see Jones, 2000 WL 675989, at *8-9 (defendant threatened use of firearm during bank robbery by announcing he had a gun and making gestures consistent with having gun); Washington, 109 F.3d at 337 (demand note that stated "I have a gun" implied threat of use of firearm).
discussed Cited as authority (rule) United States v. Larry Collins
7th Cir. · 2000 · confidence medium
Collins, however, concedes that his arguments under the Equal Protection, Double Jeopardy, Due Process and Cruel and Unusual Punishment Clauses were rejected in United States v. Wicks, 132 F.3d 383, 387-90 (7th Cir.1997), and United States v. Washington, 109 F.3d 335, 337-38 (7th Cir.1997).
discussed Cited as authority (rule) United States v. Phillip Johnston
8th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Washington, 109 F.3d 335, 338 (7th Cir. 1997) (holding that 18 U.S.C. § 3559 , the "three strikes" law, gave defendant fair warning of consequences attached to committing new violent offense after being convicted of two or more violent offenses, since § 3559 was in effect at the time defendant committed the offenses that subjected him to life imprisonment).
discussed Cited as authority (rule) United States v. Phillip Alexander Johnston
8th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997) (holding that 18 U.S.C. § 3559 , the “three strikes” law, gave defendant fair warning of consequences attached to committing new violent offense after being convicted of two or more violent offenses, since § 3559 was in effect at the time defendant committed the offenses that subjected him to life imprisonment).
discussed Cited as authority (rule) United States v. Collins, Larry
7th Cir. · 2000 · confidence medium
Collins, however, concedes that his arguments under the Equal Protection, Double Jeopardy, Due Process and Cruel and Unusual Punishment Clauses were rejected in United States v. Wicks, 132 F.3d 383, 387-90 (7th Cir. 1997), and United States v. Washington, 109 F.3d 335, 337-38 (7th Cir. 1997).
discussed Cited as authority (rule) State v. Cotton
Fla. · 2000 · confidence medium
See United States v. Kaluna, 192 F.3d 1188, 1191 (9th Cir.1999)(rejecting several constitutional challenges to the federal "three-strikes law," 18 U.S.C. § 3559 (c)), cert. denied, ___ U.S. ___, 120 S.Ct. 1561 , 146 L.Ed.2d 465 (2000); United States v. Gatewood, 184 F.3d 550 (6th Cir.1999) (severing federal three-strikes statute's requirement that a defendant disprove the violent nature of previous robberies by the heightened standard of "clear and convincing evidence," and upholding statute as thus modified); United States v. Rasco, 123 F.3d 222 (5th Cir.1997)(holding that the federal three …
discussed Cited as authority (rule) United States v. Jones
10th Cir. · 2000 · confidence medium
In United States v. Washington, 109 F.3d 335, 337 (7th Cir.1997), our sister circuit held that the defendant’s written note that stated “I have a gun” constituted a threat of use under § 3559(c)(3)(A), although no firearm was present.
discussed Cited as authority (rule) United States v. Bredy
10th Cir. · 2000 · confidence medium
See, e.g., United States v. Kaluna, 192 F.3d 1188, 1198-1200 (9th Cir.1999) (ruling that Three Strikes statute does not violate Double Jeopardy Clause, separation of powers principle, Ex Post Facto Clause, or Eighth Amendment’s proportionality guarantee), cert. denied, — U.S.-, 120 S.Ct. 1561 , 145 L.Ed.2d 570 (2000); United States v. Wicks, 132 F.3d 383, 387-90 (7th Cir.1997) (holding that Three Strikes law does not violate due process, equal protection, sepa *1198 ration of powers doctrine, or Commerce Clause); United States v. Rasco, 123 F.3d 222, 226-27 (5th Cir.1997) (ruling that stat…
discussed Cited as authority (rule) United States v. Rosario-Delgado
11th Cir. · 1999 · confidence medium
See United States v. Kaluna, ___ F.3d ___ (9th Cir. 1999) (en banc); United States v. Rasco, 123 F.3d 222, 227 (5th Cir. 1997), cert. denied, 118 S. Ct. 868 (1998); United States v. Washington, 109 F.3d 335, 338 (7th Cir.), cert. denied, 118 S. Ct. 134 (1997); United States v. Farmer, 73 F.3d 836, 841 (8th Cir. 1996). 4 Appellant does not dispute that his two prior robbery convictions in Puerto Rico satisfy subsection (ii).2 Instead, Appellant contends that the statute requires an offense to meet both subsection (i) and subsection (ii) before the statute classifies the offense a “serious vio…
discussed Cited as authority (rule) United States v. Rosario-Delgado
11th Cir. · 1999 · confidence medium
See United States v. Kaluna, 192 F.3d 1188 (9th Cir.1999) (en banc); United States v. Rasco, 123 F.3d 222, 227 (5th Cir.1997), ce rt. denied, 522 U.S. 1083 , 118 S.Ct. 868 , 139 L.Ed.2d 765 (1998); United States v. Washington, 109 F.3d 335, 338 (7th Cir.), cert. denied, 522 U.S. 847 , 118 S.Ct. 134 , 139 L.Ed.2d 82 (1997); United States v. Farmer, 73 F.3d 836, 841 (8th Cir.1996). 2 .
discussed Cited as authority (rule) Leka v. Portuondo (2×) also: Cited "see, e.g."
E.D.N.Y · 1999 · confidence medium
In adopting such an interpretation, Chief Judge Posner of the Seventh Circuit reasoned that a contrary approach that focused on the “quality of the reasoning process articulated by the state court in arriving at the determination” “would place the federal court in just the kind of tutelary relation to the state courts that the recent amendments are designed to end.” Hennon, 109 F.3d at 335.
discussed Cited as authority (rule) United States v. Bryan K. Kaluna (2×)
9th Cir. · 1999 · confidence medium
Ed. 2d 765 (1998); United States v. Washington, 109 F.3d 335, 337-38 (7th Cir.), cert. denied, _______ U.S. _______, 118 S. Ct. 134 , 139 L.
discussed Cited as authority (rule) Larry Nevers v. George Killinger, Warden of Fmc Fort Worth, Forth Worth, Texas, Kenneth McGinnis Michigan Department of Corrections (2×)
6th Cir. · 1999 · confidence medium
See Lindh v. Murphy, 96 F.3d at 871 (stating that a state court's " 'reasonable' decision ... must be honored," but failing to articulate what that might be other than to say that a federal court must "take into account the care with which the state court considered the subject"); Hennon, 109 F.3d at 335 (specifically rejecting the "care-with-which-the-state-court-considered-the-subject" language in Lindh and stating instead that the question of "unreasonable application" turns on "whether the determination is at least minimally consistent with the facts and circumstances of the case"); Hall v…
cited Cited as authority (rule) United States v. Marshall Arrington, Jr.
7th Cir. · 1998 · confidence medium
Life for a repeat bank robber whose record includes murder and attempted murder is an easy case.” United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997).
discussed Cited as authority (rule) United States v. Bryan K. Kaluna (2×)
9th Cir. · 1998 · confidence medium
See United States v. Rasco, 123 F.3d 222 (5th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 868 , 139 L.Ed.2d 765 (1998); United States v. Washington, 109 F.3d 335, 337-38 (7th Cir.), cert. denied, — U.S. -, 118 S.Ct. 134 , 139 L.Ed.2d 82 (1997); United States v. Farmer, 73 F.3d 836, 839-41 (8th Cir.), cert. denied, 518 U.S. 1028 , 116 S.Ct. 2570 , 135 L.Ed.2d 1086 (1996).
discussed Cited as authority (rule) Harold B. Smith and Illinois Republican Party v. Kenneth R. Boyle, in Their Official Capacity as Members of the Illinois State Board of Elections (2×)
7th Cir. · 1998 · confidence medium
Columbus Board of Education v. Penick, 443 U.S. 449, 464 , 99 S.Ct. 2941 , 61 L.Ed.2d 666 (1979); United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997); Majeske v. Fraternal Order of Police, supra, 94 F.3d at 311 ; Hayden v. Grayson, supra, 134 F.3d at 453 .
discussed Cited as authority (rule) United States v. Neilson
4th Cir. · 1998 · confidence medium
See United States v. Jackson, 863 F.2d 1168, 1171 (4th Cir. 1989); see also United States v Mendoza, 121 F.3d 441 (8th Cir. 1997); United States v. Washington, 109 F.3d 335, 338 (7th Cir. 1997), cert. denied, ___ U.S. ___, 66 U.S.L.W. 3257 (U.S. Oct. 6, 1997) (No. 96-9415).
discussed Cited as authority (rule) United States v. William L. Bauer
7th Cir. · 1997 · confidence medium
As Bauer concedes, this argument already has been rejected by this court in United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997) (“We therefore agree with United States v. Farmer, 73 F.3d 836 (8th Cir.1996), that the three-strikes law satisfies all constitutional requirements.”).
discussed Cited as authority (rule) West v. Waymire
7th Cir. · 1997 · confidence medium
Columbus Board of Education v. Penick, 443 U.S. 449, 464 , 99 S.Ct. 2941, 2949-50 , 61 L.Ed.2d 666 (1979); United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997); Tucker v. United States Dept. of Commerce, 958 F.2d 1411 , 1413-14 (7th Cir.1992).
discussed Cited as authority (rule) West ex rel. Norris v. Waymire
7th Cir. · 1997 · confidence medium
Co lumbus Board of Education v. Penick, 443 U.S. 449, 464 , 99 S.Ct. 2941, 2949-50 , 61 L.Ed.2d 666 (1979); United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997); Tucker v. United States Dept. of Commerce, 958 F.2d 1411 , 1413-14 (7th Cir.1992).
cited Cited "see" United States v. Waupoose
E.D. Wis. · 2008 · signal: see · confidence high
See United States v. Washington, 109 F.3d 335 (7th Cir.1997); and United States v. Trice, 484 F.3d 470, 476 (7th Cir.2007).
cited Cited "see" United States v. Cheshier
7th Cir. · 2002 · signal: see · confidence high
See United States v. Washington, 109 F.3d 335 (7th Cir.1997).
cited Cited "see" State v. Burdette
S.C. · 1999 · signal: see · confidence high
See U.S. v. Washington, 109 F.3d 335, 338 (7th Cir.1997) (“If one person shoots and Mils another, a prosecutor may charge anything between careless handling of a weapon and capital murder.”).
discussed Cited "see" Bui v. DiPaolo
1st Cir. · 1999 · signal: see · confidence high
See O'Brien, 145 F.3d at 25; see alsoHennon, 109 F.3d at 335 (stating that, under AEDPA, state courts are no longer in a "tutelary relation" with federal courts).
discussed Cited "see" United States v. Benjamin F. Shipley
8th Cir. · 1998 · signal: see · confidence high
See United States v. Washington, 109 F.3d 335, 338 (7th Cir.) (§ 3559(c)(10(A)(i) does not violate due process), cert. denied, 118 S. Ct. 134 (1997); cf. United States v. Prior, 107 F.3d 654, 658 (8th Cir. 1997) (upholding 21 U.S.C. § 841 (b)(1)(A)(viii) against due process attack).
discussed Cited "see" United States v. Rasco (2×)
5th Cir. · 1997 · signal: see · confidence high
See United States v. Washington, 109 F.3d 335, 338 (7th Cir. 1997) (holding that § 3559(c) does not offend principles of separation of powers), petition for cert. filed (June 16, 1997) (No. 96-9415).
discussed Cited "see" United States v. Jimmy Lee Rasco Marcus A. Milton (2×)
5th Cir. · 1997 · signal: see · confidence high
See United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997) (holding that § 3559(c) does not offend principles of separation of powers), *227 118 S.Ct. 134 , — cert. denied, — U.S. L.Ed.2d —- (1997).
cited Cited "see, e.g." United States v. Jackson
D. Maryland · 1998 · signal: see also · confidence low
See also United States v. Washington, 109 F.3d 335 (7th Cir.), cert. denied, - U.S. -, 118 S.Ct. 134 , 139 L.Ed.2d 82 (1997), and United States v. Farmer, 73 F.3d 836 (8th Cir.1996).
discussed Cited "see, e.g." United States v. Robert P. Deluca, Sr., United States of America v. Gerard T. Ouimette, United States of America v. Gerard T. Ouimette
1st Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., United States v. Washington, 109 F.3d 335, 338 (7th Cir.) ("The cruel and unusual punishments clause of the eighth amendment permits life imprisonment for a single drug crime, [so that) [l]ife for a repeat bank robber whose record includes murder and attempted murder is an easy case.”) (citing Harmelin v. Michigan, 501 U.S. 957 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991)), cert. denied, - U.S.-, 118 S.Ct. 134 , 139 L.Ed.2d 82 (1997). 20 .
discussed Cited "see, e.g." United States v. Benny R. Wicks
7th Cir. · 1997 · signal: see also · confidence medium
See also United States v. Washington, 109 F.3d 335, 338 (7th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 134 , — L.Ed.2d-(1997) (rejecting a separation of powers argument similar to that raised by Wicks).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James E. WASHINGTON, Defendant-Appellant
96-3092.
Court of Appeals for the Seventh Circuit.
Mar 17, 1997.
109 F.3d 335
1997 U.S. App. LEXIS 5002
1997 WL 117301
Barry Rand Elden, Chief of Appeals, Mark Filip (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Frank Lipuma (argued), Chicago, IL, for Defendant-Appellant.
Easterbrook, Manion, Ripple.
Cited by 49 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: #26,690 of 633,719
Citer courts: First Circuit (2) · Sixth Circuit (1) · Seventh Circuit (1)
EASTERBROOK, Circuit Judge.

“Notwithstanding any other provision of law, a person who is convicted ... of a serious violent felony shall be sentenced to life imprisonment” if he has been convicted “on separate prior occasions ... of ... 2 or more serious violent felonies”. 18 U.S.C. § 3559(c)(1). This “three strikes”, law applies to James E. Washington, who was convicted in 1973 of murder (he shot a robbery victim in the back with a sawed-off shotgun) and in 1987 of attempted murder (he robbed his father and then stabbed him in the throat), followed by three bank robberies in 1995. Each crime came shortly after his release from prison for the earlier offense. Inability to deter people like him by imprisonment is the reason Congress added the three-strikes provision to the statute books in 1994. Its goal is incapacitation.

Washington contends that the evidence does not support the most recent convictions, but his fingerprints were found on the demand notes; an expert testified that the handwriting was his; tellers at two banks identified him as the robber; three confederates testified and implicated him. It is an understatement to say that a reasonable jury could have found Washington guilty.

His argument that the bank robberies were not “serious violent felonies” is likewise unavailing. Washington concedes that the crimes qualify as “serious violent felonies” by virtue of 18 U.S.C. § 3559(c)(2)(F)(i), for that subsection includes “robbery (as described in section 2111, 2113, or 2118)” among offenses that automatically meet the statutory test. Nonetheless, he maintains, his bank robberies are excluded by § 3559(c)(3)(A):

Robbery, an attempt, conspiracy, or solicitation to commit robbery; or an offense described in paragraph (2)(F)(ii) shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that—
(i) no firearm or other dangerous weapon was used in the offense and no threat of use of a firearm or other dangerous weapon was involved in the offense; and
(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person.

None of the three robberies led to injury or death; subsection (ii) has been satisfied. But each of the three notes stated, among other things, “I have a gun.” Such a statement implies a “threat of use of a firearm” and prevents Washington from satisfying subsection (i). Cf. United States v. Hunn, 24 F.3d 994 (7th Cir.1994). Washington believes that it is enough to establish one branch of § 3559(c)(3)(A)(i). By his lights, if the criminal shows either that no gun was used, or that no use of a weapon was threatened, then the crime cannot be a “serious violent felony”. That reading makes hash of the statute. Suppose that, without warning, a robber fires a gun at the teller but misses. Washington’s argument implies that this crime is not a serious violent felony, because there was no advance threat of using a weapon, and no injury. On his reading, the “mere” use of a gun, without a threat, does not count — just as, in this case, a threat without use does not count. That is not what the statute says. The word connecting the clauses in subsection (i) is “and”, not “or”; the defendant must satisfy both requirements. The statements in the demand notes prevent Washington from meeting the no-threat condition.

Thus we arrive at Washington’s principal argument: that mandatory life im[*338] prisonment for three serious violent felonies violates the Constitution. He appeals to almost every one of the Bill of Rights, but none offers him any aid. The cruel and unusual punishments clause of the eighth amendment permits life imprisonment for a single drug crime. Harmelin v. Michigan, 501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991). Life for a repeat bank robber whose record includes murder and attempted murder is an easy case. Rummel v. Estelle, 445 U.S. 263, 100 S.Ct. 1133, 63 L.Ed.2d 382 (1980); Hutto v. Davis, 454 U.S. 370, 102 S.Ct. 703, 70 L.Ed.2d 556 (1982). Contrary to Washington’s submission, recidivist statutes do not violate the ex post facto clause of Article I or the double jeopardy clause of the fifth amendment. Witte v. United States, — U.S. -, 115 S.Ct. 2199, 132 L.Ed.2d 351 (1995); Williams v. Oklahoma, 358 U.S. 576, 79 S.Ct. 421, 3 L.Ed.2d 516 (1959). The three-strikes law was enacted before Washington committed the bank robberies, so he had fair warning of the consequences attached to new violent offenses. The proposition that the three-strikes law has a disparate impact on minorities is (a) unsupported as a matter of fact, and (b) irrelevant as a matter of law, for equal-protection principles deal with intentional discrimination and do not require proportional outcomes. United States v. Armstrong, — U.S. -, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996); Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256, 99 S.Ct. 2282, 60 L.Ed.2d 870 (1979).

As for the contention • that § 3559(c) offends principles of separation of powers by giving the prosecutor too much power over the sentence — or the due process clause of the fifth amendment by giving the judge too little — neither prosecutorial discretion nor mandatory sentences pose constitutional difficulties. If one person shoots and kills another, a prosecutor may charge anything between careless handling of a weapon and capital murder. The prosecutor’s power to pursue an enhancement under § 3559(c)(1) is no more problematic than the power to choose between offenses with different maximum sentences. See United States v. Batchelder, 442 U.S. 114, 99 S.Ct. 2198, 60 L.Ed.2d 755 (1979). Section 3559(c)(1) does not specify a mandatory sentence for a crime; it sets a minimum sentence for a combination of a serious crime and a repeat violent offender. Punishment thus varies with the gravity of the offenses. Not that Congress has to allow such variation. As we discussed in United States v. Pinto, 875 F.2d 143 (7th Cir.1989), when rejecting a constitutional challenge to the Sentencing Guidelines, at the time the Constitution and Bill of Rights were adopted, mandatory sentences were the norm in federal cases. Just as in 1787, today “Congress has the power to define criminal punishments without giving the courts any sentencing discretion.” Chapman v. United States, 500 U.S. 453, 467, 111 S.Ct. 1919, 1928, 114 L.Ed.2d 524 (1991). See also Ex parte United States, 242 U.S. 27, 37 S.Ct. 72, 61 L.Ed. 129 (1916). We therefore agree with United States v. Farmer, 73 F.3d 836 (8th Cir.1996), that the three-strikes law satisfies all constitutional requirements.

Affirmed.