US v Croft: Croft pleaded guilty to being a felon in possession of a firearm in 2010. He was sentenced to 188 months under the Armed Career Criminal Act. One of the prior predicate offenses relied upon by the district court was a 2003 conviction in South Carolina for carjacking. In the wake of the Supreme Court’s 2015 decision in Johnson, Croft filed a 2255 motion arguing that he no longer qualified for sentencing under ACCA because his prior carjacking conviction was not a violent felony. The district court disagreed and denied his motion.
On appeal, the Fourth Circuit affirmed. The court noted that the South Carolina offense requires that the defendant act “by force and violence or by intimidation.” The issue, therefore, was what “intimidation” meant and whether it encompassed something beyond the threat of violent force. Although the South Carolina courts have not directly defined intimidation, the court held that it did not include such thing as threatening a victim with economic ruin and was restricted to threats of violence against that person. As a result, it met the definition of violent felony under ACCA.