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· 8/22/2012

United States v. Larry Whitfield

Citations

  • 695 F.3d 288
  • 2012 U.S. App. LEXIS 17762
  • 2012 WL 3591038

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding 23 that the phrase “death results” in 18 U.S.C. § 2113(e) “prescribes an offense element rather than a sentencing factor”
  • joining the Second and Eleventh Circuits ―in rejecting the contention that bank tellers are not jeopardized simply because they are situated behind ‗bulletproof‘ glass‖
  • joining the Second and Eleventh Circuits “in rejecting the contention that bank tellers are not jeopardized simply because they are situated behind ‘bulletproof’ glass”
  • affirming attempted robbery conviction where armed defendant who intended to rob a bank was thwarted by a locking mechanism triggered by metal detectors at the bank’s entrance and was thus kept from ever entering the bank or detaining any victims
  • “[A]n instructional error is harmless in circumstances where the jury actually made an equivalent or identical finding pursuant to another instruction”. (internal quotation marks omitted)
  • “§ 2113(e) . . . create[s] separate offenses by the specification of distinct elements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Niemeyer, Wilkinson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.