TaiLexi AI U.S. Case Law

United States v. John Wayne Bingham, AKA Robert Bingham

UNITED STATES of America, Plaintiff-Appellee, v. John Wayne BINGHAM, AKA Robert Bingham, Defendant-Appellant

United States v. Bingham, 628 F.2d 548 (9th Cir. 1980)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
September 22, 1980
Docket
No. 80-1091
Judges
Sneed, Anderson, Tang
Citations
628 F.2d 5481980 U.S. App. LEXIS 13854

Opinion — Per Curiam

PER CURIAM:

Bingham appeals his conviction for unarmed bank robbery under 18 U.S.C. § 2113 (a), contending that there was insufficient evidence from which the jury could find “intimidation.” We affirm the judgment of conviction.

Taking by intimidation is the willful taking in such a way as would place an ordinary person in fear of bodily harm.

*549 United States v. Alsop, 479 F.2d 65, 66 (9th Cir. 1973). Here, the bank teller’s subjective fears were reasonable. It is undisputed that Bingham told the teller that she had “three seconds” to give him the money in the top drawer, and then repeated this demand while she was taking the money out of the drawer. From this, the jury properly concluded that a reasonable person could interpret these statements as implicit threats of harm if the person did not promptly meet Bingham’s unequivocal demand. The fact that in other cases there was more overt evidence of intimidation— such as express threats of bodily harm, threatening body motions, or the physical possibility of concealed weapon — is unavailing to Bingham, because those factors have never been held to be requirements for a § 2113(a) conviction.

AFFIRMED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.

Cited by 21 cases

View all citing references →
1983: 11986: 11987: 21989: 11991: 21992: 31994: 11995: 11997: 11998: 12004: 12006: 22015: 12019: 319832026peak 1992 · 3

Relies on it most ⓘ

  1. United States v. David Henson v. Andrews945 F.2d 430 (1st Cir. 1991)
  2. Jeffrey Townsend v. United States967 F.2d 591 (9th Cir. 1992)
  3. State Of Washington v. Gerald YanacNo. 45228-6 (Wash. Ct. App. Feb. 18, 2015)
  4. United States v. Tommy Ray Higdon832 F.2d 312 (5th Cir. 1987)
  5. United States v. Terrill Douglas Hopkins703 F.2d 1102 (9th Cir. 1983)
  6. United States v. Gordon Howard Lucas, Jr.963 F.2d 243 (9th Cir. 1992)

Most recent

  1. United States v. EvansNo. 17-2245-cr (2d Cir. May 8, 2019)
  2. United States v. Evans924 F.3d 21 (2d Cir. 2019)
  3. United States v. Kyle Korte918 F.3d 750 (9th Cir. 2019)
  4. State Of Washington v. Gerald YanacNo. 45228-6 (Wash. Ct. App. Feb. 18, 2015)
  5. United States v. David Frank Jennings439 F.3d 604 (9th Cir. 2006)
  6. United States v. JenningsNo. 04-10343 (9th Cir. Mar. 1, 2006)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Alsop, 479 F.2d 65 (9th Cir. 1973) 40

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list