[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 18-13108

Non-Argument Calendar

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D.C. Docket No. 6:17-cr-00298-PGB-DCI-4

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee,

 versus

LAMARCUS DEMANE HARVEY, 

 Defendant - Appellant.

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Appeal from the United States District Court

for the Middle District of Florida

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(January 23, 2020)

Before JILL PRYOR, GRANT, and ANDERSON, Circuit Judges.

PER CURIAM: 

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LaMarcus Harvey appeals his conviction under 18 U.S.C. § 924(c)(1)(A)(i) 

for carrying a firearm during and in relation to an attempted bank robbery. Harvey 

argues that attempted bank robbery is not a crime of violence under § 924(c)(3)’s 

elements clause. We disagree and affirm. 

A felony offense is a “crime of violence” under § 924(c)’s “elements clause” 

if it “has as an element the use, attempted use, or threatened use of physical force 

against the person or property of another.” 18 U.S.C. § 924(c)(3)(A). We review 

de novo whether an offense qualifies as a crime of violence. Steiner v. United 

States, 940 F.3d 1282, 1288 (11th Cir. 2019) (per curiam).

Harvey pleaded guilty to attempted bank robbery in violation of 18 U.S.C. 

§ 2113(a). At the change-of-plea hearing, he acknowledged that he was in fact

guilty of that crime, in that he: (1) knowingly attempted to take money possessed 

by a federally insured bank from or in the presence of the person described in the 

indictment, and (2) did so by means of force and violence or intimidation. See 18 

U.S.C. § 2113(a). We have previously held that a substantive violation of 

§ 2113(a) is a “crime of violence” because a “taking ‘by force and violence’ entails 

the use of physical force” and “a taking ‘by intimidation’ involves the threat to use 

such force.” In re Sams, 830 F.3d 1234, 1239 (11th Cir. 2016) (per curiam)

(quoting United States v. McNeal, 818 F.3d 141, 153 (4th Cir. 2016)). We have 

also held that, when a substantive federal offense qualifies as a crime of violence 

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under the elements clause of § 924(c), an attempt to commit that offense is itself a 

crime of violence, “given § 924(c)’s ‘statutory specification that an element of 

attempted force operates the same as an element of completed force, and the rule 

that conviction of attempt requires proof of intent to commit all elements of the 

completed crime.’” United States v. St. Hubert, 909 F.3d 335, 352 (11th Cir. 2018)

(citation omitted), abrogated on other grounds by United States v. Davis, 139 S. 

Ct. 2319 (2019). So even where a defendant’s actual conduct in attempting to 

commit bank robbery “falls short of actual or threatened force, the robber has 

attempted to use actual or threatened force because he has attempted to commit a 

crime that would be violent if completed.” Id. at 353 (discussing attempted Hobbs 

Act robbery).

1

 

We conclude that, under our precedents, the attempt to commit § 2113(a) 

robbery is a crime of violence within the meaning of § 924(c)(3)(A). Harvey does 

not challenge his conviction for attempted bank robbery or contest the 

government’s proof that he possessed a firearm in furtherance of that crime. See 

18 U.S.C. §§ 2113(a); 924(c)(1)(A). We therefore affirm Harvey’s convictions 

and sentences.

1 Relying on Judge Jill Pryor’s concurrence in Hylor v. United States, 896 F.3d 1219, 1226 (11th 

Cir. 2018), cert. denied, 139 S. Ct. 1375 (2019), Harvey argues that St. Hubert was wrongly 

decided and should be overturned. But “we are bound by all prior panel decisions, ‘unless and 

until [they are] overruled or undermined to the point of abrogation by the Supreme Court or by 

this Court sitting en banc.’” Hylor, 896 F.3d at 1223–24 (alteration in the original) (quoting 

United States v. Deshazior, 882 F.3d 1352, 1355 (11th Cir. 2018)).

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AFFIRMED.

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