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CASE ENTRY

United States v. Bain

Absent-minded bank robber inadvertently places closed pocketknife on bank counter while providing teller with money bag. (The record is silent on whether the bag sported a dollar sign.) Gov’t: That’s “armed bank robbery”! Ninth Circuit: Hardly. Armed bank robbery requires “active employment” of a weapon, and there was no active employment here. The district court thus plainly erred in accepting the robber’s guilty plea.


Tags: 2019, Ninth Circuit, Plea Deals, Statutory Interpretation

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