Federal robbery charges: Hobbs Act robbery and bank robbery

What does the law make illegal?

Hobbs Act robbery, 18 U.S.C. § 1951

The Hobbs Act makes it a crime to obstruct, delay or affect commerce "in any way or degree" by robbery or extortion, or to attempt or conspire to do so (18 U.S.C. § 1951(a)). "Robbery" means unlawfully taking personal property from someone, or in their presence, against their will, by actual or threatened force or violence, or by fear of injury, now or in the future, to their person or property, or to a relative or anyone with them (§ 1951(b)(1)). The government must prove a robbery and an effect on interstate or foreign commerce, even a slight one. Store and gas station robberies are typical.

In Taylor v. United States, 579 U.S. 301 (2016), the Supreme Court held that robbing or trying to rob a drug dealer of drugs or drug money satisfies the commerce element. The Act also covers extortion (§ 1951(b)(2)).

Bank robbery, 18 U.S.C. § 2113

Section 2113 covers banks that are members of the Federal Reserve or insured by the FDIC, federal and federally insured credit unions, and federally insured savings and loans (§ 2113(f)–(h)). That is most of them, and the government must prove the institution's status. The law has several parts (18 U.S.C. § 2113):

• § 2113(a), robbery: taking or trying to take money or property from a person or in their presence, by force and violence or by intimidation, or getting it by extortion. A demand note that makes a teller afraid can be enough. It also covers entering or trying to enter a bank intending to commit a felony affecting it or any larceny.
• § 2113(b)–(c), bank theft and receiving: taking bank property with intent to steal, without force, or knowingly receiving or selling it.
• § 2113(d), armed bank robbery: assaulting someone, or putting a life in jeopardy by using a dangerous weapon or device, during a robbery or attempt.
• § 2113(e), killing or kidnapping: killing someone, or forcing someone to go along, during the robbery or the escape.

In Carter v. United States, 530 U.S. 255 (2000), the Supreme Court held that § 2113(a) requires only "general intent" (knowing that you are taking property by force, violence or intimidation), not a specific intent to steal.

Helping, and other federal robbery laws

A person who helps commit a federal crime, such as a lookout or getaway driver, can be punished as if they committed it (18 U.S.C. § 2). Other federal robbery laws cover carjacking (§ 2119, up to 15 years, more if someone is hurt or killed), robbery of mail or U.S. property (§ 2114), and robbery on federal land (§ 2111).

Gun charges with a robbery, 18 U.S.C. § 924(c), after Davis and Taylor

Section 924(c) adds at least 5 years (7 if a gun was brandished, 10 if fired), served after the robbery sentence, for using or carrying a gun during a "crime of violence" or possessing one in furtherance of it (18 U.S.C. § 924(c); see our federal gun charges page for the full table). A "crime of violence" was defined two ways:

• The elements clause, § 924(c)(3)(A): a felony that has as an element the use, attempted use or threatened use of physical force against the person or property of another.
• The residual clause, § 924(c)(3)(B): a felony that by its nature involves a substantial risk that force may be used. In United States v. Davis, 588 U.S. 445 (2019), the Supreme Court struck this clause down as unconstitutionally vague. Since Davis, a robbery offense supports a § 924(c) conviction only if it fits the elements clause.

In United States v. Taylor, 596 U.S. 845 (2022), the Court held that attempted Hobbs Act robbery is not a crime of violence under the elements clause, because an attempt can be proved without any use, attempted use or threatened use of force. Davis itself involved § 924(c) counts tied to a conspiracy to commit Hobbs Act robbery; a conspiracy requires an agreement, not force, so it does not fit the elements clause, and a § 924(c) count resting only on a Hobbs Act conspiracy cannot stand after Davis. The government has conceded this point, and courts have held it (for example, United States v. Simms, 914 F.3d 229 (4th Cir. 2019) (en banc)).

Completed Hobbs Act robbery. Taylor didn't decide whether a completed Hobbs Act robbery is a crime of violence. The federal courts of appeals that have addressed it since Taylor have held that it is, including the Third Circuit (United States v. Stoney, No. 21-1784 (3d Cir. Mar. 10, 2023)), the Ninth Circuit, which also held that aiding and abetting a Hobbs Act robbery qualifies (United States v. Eckford, No. 17-50167 (9th Cir. Aug. 15, 2023)), and the Eleventh Circuit, applying its published decisions in Wiley (2023) and Solomon (2025) (United States v. Bouie, No. 24-12347 (11th Cir. Dec. 22, 2025) (unpublished)). The Supreme Court has not decided the question and has turned down petitions asking it to, including in Diggs v. United States, No. 25-7247 (certiorari denied June 15, 2026). A denial is not a ruling on the merits; in those circuits, the argument is foreclosed for now but can still be preserved.

Bank robbery. Appeals courts have held that bank robbery under § 2113(a), even "by intimidation," is a crime of violence under the elements clause, because intimidation involves a threat of violent physical force (for example, United States v. McNeal, 818 F.3d 141 (4th Cir. 2016); United States v. Watson, 881 F.3d 782 (9th Cir. 2018) (per curiam)). Bank theft under § 2113(b) has no force element, so it can't qualify that way.

What are the penalties?

• Consecutive gun time. A § 924(c) term can't run at the same time as any other prison term, and the judge can't give probation (§ 924(c)(1)(D)). But the judge may consider the § 924(c) minimum when setting the sentence for the robbery itself (Dean v. United States, 581 U.S. 62 (2017)).
• Mandatory life for some repeat offenders. Under the federal "three strikes" law, robbery is a "serious violent felony," and a third qualifying conviction can mean mandatory life. A prior robbery doesn't count if the person proves by clear and convincing evidence that no weapon was used or threatened and no one died or was seriously injured (18 U.S.C. § 3559(c)).
• Fines and restitution: fines up to $250,000 per felony count (18 U.S.C. § 3571), and the judge generally must order repayment of the victims' losses, including money taken and some medical costs (18 U.S.C. § 3663A).
• Supervised release: up to 3 years for a 20-year felony and up to 5 years for armed bank robbery or a § 924(c) count (18 U.S.C. §§ 3559(a), 3583(b)).

How does sentencing work for this charge?

Hobbs Act robbery, bank robbery, carjacking and other robberies are sentenced under USSG §2B3.1. The base offense level is 20, which is high compared with theft. Then:

• Bank or post office: +2 if a financial institution's or post office's property was taken or targeted (§2B3.1(b)(1)).
• Weapons and threats (apply the greatest): +7 if a gun was fired; +6 if a gun was used to threaten a specific person or to strike someone; +5 if a gun was brandished or possessed; +4 if another dangerous weapon was used; +3 if one was brandished or possessed; +2 for a threat of death (§2B3.1(b)(2)). An object made to look like a weapon can count, and a note like "give me the money or I'll shoot you" can be a threat of death (Application Notes 2, 5).
• Injury: +2 to +6 depending on how serious; weapons and injury increases together can't exceed 11 levels (§2B3.1(b)(3)).
• Abduction or restraint: +4 or +2 (§2B3.1(b)(4)).
• Carjacking: +2 (§2B3.1(b)(5)). Gun, explosive or drugs taken: +1 (§2B3.1(b)(6)).
• Loss: +1 to +7 from the robbery loss table below (§2B3.1(b)(7)). If a victim was murdered, the murder guideline applies instead (§2B3.1(c)).

• No double counting with § 924(c). When a § 924(c) sentence is imposed with the robbery sentence, the robbery guideline's gun increases don't apply, because the § 924(c) term covers the gun (USSG §2K2.4, Application Note 4).
• Career offender. Robbery is a "crime of violence" under the career offender guideline, which can sharply raise the range for someone with two qualifying prior felonies (USSG §§4B1.1, 4B1.2).
• Decreases: acceptance of responsibility (USSG §3E1.1) and a minor role, such as some lookouts or drivers (USSG §3B1.2).

For context only: in fiscal year 2025, the average federal robbery sentence was 160 months with a § 924(c) conviction and 72 months without one (USSC Quick Facts, FY 2025). Averages don't predict the sentence in any one case.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see Sentencing for § 924(c) gun charges, at Sentencing.net, a Criminal Center site.

How do these cases usually start and move?

Bank robberies are usually investigated by the FBI, often with local police. Business robberies often start as state cases that federal prosecutors take over. Common evidence includes surveillance video, demand notes, dye packs, witness identifications and phone location data.

In Chatrie v. United States (2026), a bank robbery case, the Supreme Court held that getting a person's phone location history from Google through a geofence warrant was a Fourth Amendment search (our news post on Chatrie).

When a § 924(c) charge is filed, the law presumes the person should be held before trial, though the defense can try to rebut it (18 U.S.C. § 3142(e)(3)(B)). Because § 924(c) carries fixed minimums, charging and plea decisions often decide much of the sentence.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Identity. Is the person on the video the person charged? How reliable is the eyewitness and location evidence?
• The search. Were phone data and searches of homes and cars obtained lawfully, including under Chatrie?
• Force or intimidation. Was there force, violence or intimidation, or was it a theft without force that carries a lower maximum?
• The federal element. Is there real evidence of an effect on commerce, or that the bank was federally insured that day?
• The § 924(c) predicate. Is the robbery charge one that still counts as a crime of violence after Davis and Taylor? An attempt or a conspiracy may not. Was the gun really used, carried or possessed in connection with the robbery, and was it a real gun?
• Weapon and injury increases. Was the object a dangerous weapon, the threat specific, the injury "serious"? Are gun increases wrongly added on top of a § 924(c) count?
• Role. For lookouts and drivers, aiding and abetting a § 924(c) offense requires advance knowledge that a partner would use or carry a gun (Rosemond v. United States, 572 U.S. 65 (2014)).
• Prior record. Do old convictions really count for career offender or § 3559(c)?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

Davis and Taylor have led to § 2255 motions by people whose § 924(c) conviction rested only on the residual clause, an attempt, or a conspiracy. These motions have strict time limits and procedural rules.

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.