United States v. Chavez, No. 20-2083 (10th Cir. 2022)Annotate this Case
Defendant-Appellee Charles Chavez was accused of attempting to force two individuals to withdraw their money from a bank automated teller machine (“ATM”) at gunpoint. The district court dismissed these charges, reasoning that, had the accountholders completed the withdrawal as intended, Chavez would have taken the money from them, as opposed to from the bank that operated the ATM. The Tenth Circuit found the district court’s decision aligned with the Fifth Circuit’s approach to this issue, but conflicted with the Seventh Circuit’s. The Tenth Circuit sided with the Seventh Circuit: "Using force to induce a bank customer to withdraw money from an ATM is federal bank robbery, so Chavez cannot show that the government is incapable of proving that his specific conduct amounted to attempted federal bank robbery." Accordingly, judgment was reversed and the matter remanded for further proceedings.