United States v. Deiter

O'BRIEN, Circuit Judge.

This case raises a run-of-the-mill ineffective assistance of counsel claim. It also presents an interesting Johnson II claim-whether aiding and abetting ( 18 U.S.C. § 2 ) federal bank robbery ( 18 U.S.C. § 2113 (a) ) qualifies as a "violent felony" under the elements clause of the Armed Career Criminal Act (ACCA). See Johnson v. United States (Johnson II) , --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015).

I. Background

On November 12, 2009, at 12:38 a.m., police officers from the Albuquerque, New Mexico, Police Department were dispatched to an apartment complex to…