United States v. James Cole, 17-1264

In Feb 2016 James Michael Cole walked into a Lansing bank, demanded cash ("twenties, fifties, and hundreds") using a folder to appear as a customer, left with about $1,800, and was arrested at home shortly after.
Cole pleaded guilty to federal bank robbery by intimidation under 18 U.S.C. § 2113(a) and admitted knowledge that bank policy was to surrender money during robberies.
The PSR applied U.S.S.G. § 2B3.1 base offense levels and designated Cole a career offender under U.S.S.G. § 4B1.1 based on two prior § 2113(a) convictions, producing an advisory Guidelines range of 151–188 months after adjustments and acceptance points.
Cole objected, arguing § 2113(a) committed by intimidation is not a "crime of violence" because intimidation can be non-violent or minimal; he preserved the issue for appeal but acknowledged Sixth Circuit precedent.
The district court, bound by Sixth Circuit precedent (United States v. McBride), overruled the objection, sentenced Cole to 180 months (near top of range) citing need for punishment, deterrence, and public protection; Cole appealed.

Issue	Cole's Argument	Government's/Respondent's Argument	Held
Whether § 2113(a) bank robbery by intimidation qualifies as a "crime of violence" for the career-offender enhancement	§ 2113(a) by intimidation can involve little or no physical force and therefore does not meet the elements-clause requirement of threatened use of violent physical force	Sixth Circuit precedent treats § 2113(a) intimidation as conduct/words calculated to create impression resistance would be met by force, satisfying the elements clause; court is bound by that precedent	Court affirmed that § 2113(a) by intimidation is a crime of violence under controlling Sixth Circuit precedent (McBride) and applied the career-offender enhancement
Whether the 180-month sentence was substantively unreasonable	Cole argued his conduct was at the low end of the threat spectrum (relying on bank policy), so a lower sentence was warranted	The sentence falls within the Guidelines range, the court considered § 3553(a) factors (criminal history, deterrence, public protection), and prior sentences failed to deter Cole	Sentence was substantively reasonable; appellate court affirmed as not an abuse of discretion

United States v. McBride, 826 F.3d 293 (6th Cir. 2016) (intimidation under § 2113(a) construed as conduct/words calculated to imply force; qualifies as a crime of violence)
Johnson v. United States, 559 U.S. 133 (2010) (physical force for elements-clause requires violent force capable of causing physical pain or injury)
Gall v. United States, 552 U.S. 38 (2007) (standards for reviewing reasonableness of sentences and procedural/substantive review framework)
United States v. Lockley, 632 F.3d 1238 (11th Cir. 2011) (generic robbery defined as taking by force or intimidation; supports enumerated-offense analysis)
United States v. Harris, 853 F.3d 318 (6th Cir. 2017) (interpretation of "crime of violence" and violent-force requirement under Guidelines)