United States v. McDuffy, No. 16-10520 (9th Cir. 2018)
Annotate this Case18 U.S.C. 2113(e) does not contain a separate requirement that the defendant intend the killing which results from his bank robbery. Congress mandated an enhanced punishment for an individual who kills a person in the course of committing a bank robbery in section 2113(e) and the enhancement applies even when the bank robber accidentally kills someone. The Ninth Circuit affirmed defendant's conviction for bank robbery resulting in death, in violation of section 2113(e), holding that the means rea required was the mens rea necessary to commit the underlying bank robbery.
Court Description: Criminal Law. The panel affirmed a conviction by jury trial for bank robbery resulting in death, in violation of 18 U.S.C. § 2113(e). Rejecting the argument that the sentence enhancement in § 2113(e) applies only when a bank robber knowingly kills a person in the course of a bank robbery, and agreeing with other circuits, the panel concluded that the only mens rea required is the mens rea necessary to commit the underlying bank robbery. The panel addressed other issues in a concurrently-filed memorandum disposition.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.