November 10, 2016
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 15-CR-66 -
Matthew F. Kennelly, Judge.
Ripple, Manion, and Rovner, Circuit Judges.
ROVNER, Circuit Judge.
government charged Deandre Enoch with robbing a person having
custody of property belonging to the United States, under 18
U.S.C. § 2114(a) and brandishing a firearm in relation
to a crime of violence, under 18 U.S.C. §
924(c)(1)(A)(ii). He pleaded guilty to both counts but
reserved his right to file an appeal disputing the district
court's ruling that the former offense qualified as a
crime of violence, thus rendering his brandishing a gun in
connection with that offense a separate crime punishable
under 18 U.S.C. §924(c). Moreover, §
924(c)(1)(D)(ii) of that same statute requires that a court
impose a consecutive sentence upon a defendant who carries a
firearm in relation to a crime of violence. Consequently,
Enoch's sentence increased significantly because the
court considered the conviction under § 2114(a) to be a
crime of violence which mandated the imposition of the
consecutive sentence. Enoch now disputes that this underlying
crime was a crime of violence. The district court concluded
that it was, and sentenced Enoch to 24 months on Count 1 and
a consecutive 84 months on Count 2. Enoch appeals, and we
indictment charged Enoch with (1) robbery of a person having
lawful custody of money of the United States, and, in
effecting the robbery, putting the life of that person in
jeopardy by the use of a dangerous weapon, in violation of 18
U.S.C. § 2114(a); (2) brandishing a firearm during and
in relation to a crime of violence, namely the robbery
charged in Count I, in violation of 18 U.S.C. §
924(c)(1)(A). Under 924(c)(1)(D), a court must impose a
consecutive sentence on those who are convicted under
§924(c)(1)(A), that is:
any person who, during and in relation to any crime of
violence ... uses or carries a firearm, or who, in
furtherance of any such crime, possesses a firearm ....
18 U.S.C. § 924(c)(1)(A).
other words, the robbery of government property, (18 U.S.C.
§ 2114(a)) was the underlying or anchor crime which,
when accompanied by the brandishing of the firearm,
constituted a separate offense under § 924(c) and
required the court to sentence Enoch to consecutive
only question in this case, therefore, is whether the
underlying crime in 18 U.S.C. § 2114(a)-robbing another
of government property-is a crime of violence such that it
triggered the imposition of § 924(c). Section 924(c)(3)
of the statute defines a crime of violence as follows:
(3) For purposes of this subsection the term "crime of
violence" means an offense that is a felony and -
(A) has as an element the use, attempted use, or threatened
use of physical force against the person or property of
(B) that by its nature, involves a substantial risk that
physical force against the person or property of another may
be used in the ...