In U.S. v. Kelley, No 04-13002 (June 16, 2005), the Court (Carnes, Pryor, Forrester b.d.) rejected sufficiency of the evidence challenges to a conviction for bank robbery by "intimidation" in violation of 18 U.S.C. § 2113(a).
No weapon or note was used in the robbery. But the defendant slammed onto the teller counter hard enough that he was heard from another room. One teller was within arm’s length as cash was removed from another teller’s cash drawer. The tellers were so frightened that they failed to activate the bank’s silent alarm. Based on these facts, the Court concluded that the tellers were intimidated.
The Court also rejected the argument that the facts did not establish the taking of money "from the person or presence of another." One bank teller was within arm’s length. This fact "easily satisfied" the statutory element.
Finally, the Court rejected the argument that inconsistencies in the testimony of prosecution witnesses, and the testimony of defense witnesses, made the facts insufficient to sustain the bank robbery conviction. The Court noted that the jury was free to resolve the inconsistency in the government’s favor. Further, the defendant’s employer was unsure whether the defendant was at work on the date of the robbery, and his testimony therefore did not undermine the government’s case.
