After a bench trial, the district court 1 convicted Kenneth Caldwell of bank robbery in violation of 18 U.S.C. § 2113(a). Caldwell appeals, and we affirm.
On the morning of November 26, 1999, Caldwell entered a branch of the Metropolitan National Bank in North Little Rock, Arkansas, where Marjac Douglas was working as a teller. When Caldwell entered, Ms. Douglas had her back to the tellers’ counter, which was three to four feet behind her. The only other employee on duty was in the vault. Caldwell slammed his hands down on the counter and vaulted over it toward Douglas, who turned when she heard the sound of Caldwell’s hands on the counter. As she saw Caldwell leaping toward her, Douglas stepped back and screamed. Caldwell made eye contact with Douglas as he moved toward her. He approached to within one to two feet of her and then turned and went around another counter to the teller station next to Douglas’s. He emptied the unlocked teller drawer of money, jumped the counter in front of him, and left. Caldwell said nothing to Douglas while he was in the bank, nor did he gesture at her with his hands or make any indication that he had a weapon. Douglas testified that she was very frightened when she saw Caldwell coming toward her.
■18 U.S.C. § 2113(a) defines bank robbery as taking “by force and violence, or by intimidation ... from the person or presence of another ... any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association .... ” Caldwell contends that there was insufficient evidence to convict him, because the evidence did not establish beyond a reasonable doubt the “intimidation” element of the statute. He argues that at most the evidence proved a violation of § 2113(b), bank larceny, which does not require intimidation.
“Intimidation is conduct reasonably calculated to put another in fear .... [T]he acts of the defendant must constitute an intimidation to an ordinary, reasonable person.”
United States v. Smith,
In evaluating Caldwell’s claim, we examine the evidence in the light most favorable to the government, giving it the benefit of all reasonable inferences.
United States v. Ivey,
Caldwell argues " that his actions were similar to those of the defendant in
United States v. Wagstaff,
We need not rule on the merits of the government’s argument, because Caldwell’s actions were significantly more intimidating than those of the defendant in
Wagstaff.
Caldwell slammed his hands down on Douglas’s desk and leaped toward her, approaching to within a couple of feet. We believe that any reasonable bank teller would be intimidated, as Douglas was, by the sight of someone leaping over the teller counter toward her or him. We have previously held that arguably less aggressive actions were sufficient to support a finding of intimidation.
See Smith,
The conviction is affirmed.
Notes
. The Honorable William R. Wilson, United States District Judge for the Eastern District of Arkansas.
