United States v. Samuel Gutierrez, 876 F.3d 1254

Samuel Gutierrez confronted a woman in a parking lot, pointed a handgun at her, demanded her keys, and drove off in her car; police later arrested him with the victim’s phone and a loaded gun.
Federal charges initially included carjacking (18 U.S.C. § 2119), brandishing a firearm during a crime of violence (18 U.S.C. § 924(c)(1)(A)(ii)), and being a felon in possession of a firearm; Gutierrez pleaded guilty to the § 924(c) count in a Rule 11(c)(1)(C) agreement and received a stipulated 180-month sentence.
Gutierrez filed a § 2255 motion arguing his § 924(c) conviction was invalid because carjacking is not a “crime of violence” under § 924(c)(3).
The district court denied relief, holding carjacking qualifies as a crime of violence; the government did not contest procedural bars on appeal, so the Ninth Circuit reached the merits.
The statutory definition in § 924(c)(3) contains two clauses: (A) the “force clause” (use/attempted use/threatened use of physical force) and (B) the “residual clause” (substantial risk that force may be used). The court resolved the case under the force clause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether federal carjacking (18 U.S.C. § 2119) is a “crime of violence” under § 924(c)(3)	Carjacking qualifies because the statute criminalizes taking a vehicle "by force and violence or by intimidation," and intimidation entails threatened violent physical force	Intimidation can be accomplished without the threatened use of violent physical force, so carjacking may fall outside the force clause	Carjacking is a crime of violence under the force clause: "intimidation" requires conduct that would put a reasonable person in fear of bodily harm and thus involves threatened violent physical force

Johnson v. United States, 559 U.S. 133 (force clause requires force capable of causing physical pain or injury)
Moncrieffe v. Holder, 569 U.S. 184 (categorical approach requires examining least-culpable conduct)
Holloway v. United States, 526 U.S. 1 (§ 2119 intent element: intent to cause serious bodily harm or death at the moment of taking)
United States v. Evans, 848 F.3d 242 (4th Cir.: carjacking is a crime of violence)
United States v. Jones, 854 F.3d 737 (5th Cir.: carjacking is a crime of violence)
United States v. Selfa, 918 F.2d 749 (9th Cir.: bank robbery "intimidation" puts a reasonable person in fear of bodily harm)
United States v. Castleman, 134 S. Ct. 1405 (bodily injury involves the use of violent force)