U.S. v. McDuffy

Summary

Van McDuffy was in the course of committing a bank robbery when he accidentally killed someone with a gun. The government charged McDuffy for violating sections of 18 U.S.C Section 2113, a statute that criminalizes theft committed against banks and imposes an enhanced punishment when a person kills someone in the course of committing a robbery. McDuffy was found guilty and now appeals his sentence arguing that the court erred in instructing the jury that the Section 2113(e), the enhancement, applied to accidental killings.
Affirmed. Under Section 2113(e) imposes an enhanced punishment on a person who kills another in the course of committing a bank robbery. This court held that the section applies when a robber accidentally kills someone and the section does not require a mens rea other than the mens rea necessary to commit bank robbery. Hence, this court affirmed.
Opinion by Judge N.R. Smith.

— Karen Figueroa