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Dean: Accidental Discharge Still Triggers Higher Penalty

By Tim Cone

In U.S. v. Dean, No. 06-14918 (Feb. 20, 2008) (Hull, Pryor, Moore, KM, b.d.), the Court affirmed the conviction and sentences of defendants convicted as a result of an armed bank robbery which netted them $3,642.Rejecting the challenge to a Hobbs Act conviction based on the government?s Confrontation Clause violation in proving up the fact of FDIC insurance, the Court held that no such proof was required. For Hobbs Act violations, unlike bank robbery, proof of FDIC insured status is not a required element of the offense.The Court further rejected the argument that a sentence should not have been enhanced under 18 U.S.C. § 924(c)(1)(A)(iii) for "discharge" of a firearm, because here the discharge was "accidental." The Court noted that § 924(c) contains no separate intent element...continue to full post

Full post as published by Defense Newsletter Blog on February 25, 2008 (boomark / email).