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Federal Judiciary

: Split Circuits

Seventh Circuit Notes Split Re Whether Attempted Bank Robbery Is A Specific Intent Crime

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Per U.S. v. Durham --- F.3d ----, 2011 WL 2535801 (7th Cir. June 28, 2011):

Neither this Court nor the Supreme Court has decided whether specific intent is an essential element of attempted bank robbery in violation of § 2113(a); our sister circuits are split on the issue. Compare United States v. Darby, 857 F.2d 623, 626 (9th Cir.1988) (attempted bank robbery under § 2113(a) requires the specific intent to take the property by force, violence or intimidation), with United States v. Johnston, 543 F.2d 55, 57?58 (5th Cir.1976) (attempted bank robbery under § 2113(a) is not specific intent crime) and United States v. Armstrong, 116 F.3d 489 (10th Cir.1997) (unpublished) (same). We need not decide the issue to address defendants' argument here.

Full post as published by Split Circuits on June 29, 2011 (boomark / email).

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