United States of America v. Todd Harold Cooper

Salt Lake City, Utah, criminal defense lawyer represented the Defendant charged with armed bank robbery.



In 2003, a jury convicted Cooper of armed bank robbery in violation of 18 U.S.C. § 2113. At sentencing, the government sought a life sentence under 18 U.S.C. § 3559(c), the three strikes provision. Relevant here, § 3559(c) mandates a life

sentence if the defendant "is convicted in a court of the United States of a serious violent felony” and has two or more prior federal or state convictions for "serious violent felonies.” 18 U.S.C. § 3559(c)(1)(A)(i).



Section 3559(c)(2)(F) sets forth three categories of offenses that count as a "serious violent felony.” First, in its "enumerated clause,” § 3559(c)(2)(F) lists a series of offenses that qualify. Id. § 3559(c)(2)(F)(i). Second, the "elements clause” (also called the "force” clause) includes any offense "punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of another.” Id. § 3559(c)(2)(F)(ii). Third, the "residual clause” includes any offense "punishable by a maximum term of imprisonment of 10 years or more . . . that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense.”

Affirmed