United States v. Gordon
2011 U.S. App. LEXIS 12119
| 7th Cir. | 2011Background
- Gordon was convicted by jury of one count of bank robbery under 18 U.S.C. § 2113(a).
- Government had to prove the money was taken by force, violence, or intimidation; no actual force present here.
- Embezzlement by Gordon's girlfriend, Jones, led to a plan to rob Blackhawk Bank to conceal the embezzlement.
- Plan involved obtaining money from a Federal Reserve shipment and using a demand note to extract funds.
- Miller, a bank teller, testified that she feared the robbers after seeing the demand note and Jones’ distress, and helped fill the backpack with money.
- Conviction and restitution were upheld on appeal, with the court addressing whether intimidation was proven.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was intimidation proven to sustain the bank robbery conviction? | Gordon argues no direct contact required; Miller’s testimony alone cannot prove intimidation. | Government argues that accomplice conduct and the demand note suffice to establish intimidation. | Affirmed; intimidation shown through accomplice interaction and Miller's fear. |
Key Cases Cited
- United States v. Carter, 410 F.3d 942 (7th Cir. 2005) (necessity of intimidation element in bank robbery)
- United States v. Thornton, 539 F.3d 741 (7th Cir. 2008) (intimidation defined by reasonable fear of force)
- United States v. Burnley, 533 F.3d 901 (7th Cir. 2008) (evidence of intimidation from conduct and fear)
- United States v. Clark, 227 F.3d 771 (7th Cir. 2000) (demand note can contain implied threat of force)
- United States v. Jones, 932 F.2d 624 (7th Cir. 1991) (accomplice conduct can contribute to intimidation analysis)
- United States v. Moore, 572 F.3d 334 (7th Cir. 2009) (standard for sufficiency of intimidation evidence)
- United States v. Hill, 187 F.3d 698 (7th Cir. 1999) (fear as evidence of intimidation)
- United States v. Ketchum, 550 F.3d 363 (4th Cir. 2008) (threats implied by demand notes)
- United States v. Gilmore, 282 F.3d 398 (6th Cir. 2002) (demand-note intimidation considerations)
- United States v. Hopkins, 703 F.2d 1102 (9th Cir. 1983) (threat interpretation in robbery context)