First Circuit: US v. Cruz-Rivera

Statute is a valid predicate crime of violence under use of force clause -- by analogy, since, although it can be accomplished by simple intimidation, bank robbery can also be accomplished by intimidation, and bank robbery is a valid predicate.

As-applied and facial challenge to commerce clause of statute (ACCA?) rejected, as as-applied was conceded in stipulation, and facial because of the theory of the challenge - the crime, not the gun, needs to track to interstate commerce.

Sufficient evidence.

No need for the gov't to produce the weapon at trial.

http://media.ca1.uscourts.gov/pdf.opinions/16-1321P-01A.pdf