In this direct appeal from his conviction for bank robbery in violation of 18 U.S.C. § 2113(a), Rodney Hill argues that the evidence was not sufficient to prove beyond a reasonable doubt that his actions during the robbery satisfied the intimidation element of the statute. He does not argue that the government failed to prove any other element of its case. Because there was sufficient evidence for a jury to find that the government proved the intimidation element of the offense, we affirm.
I
FACTS
On December 29, 1997, Mr. Hill entered the St. Paul Federal Bank and approached bank teller Gabriela Orozco’s window. As Mr. Hill reached Ms. Orozco’s window, she asked, “Can I help you?” In reply, he mumbled something and threw a plastic *700 grocery bag on the counter between them. Then, standing arm’s length from Ms. Or-ozco, Mr. Hill said, “Give me all your money” or “Give me your money.” Ms. Orozco responded, “How much?” Mr. Hill answered, “All of it.” Ms. Orozco started placing money from her teller drawer into the plastic bag. As Ms. Orozco reached into the back of her drawer for the marked bills, Mr. Hill warned her, “And don’t give me any of the funny money.” Ms. Orozco followed Mr. Hill’s directions and continued putting unmarked bills into the bag. Mr. Hill leaned forward and admonished Ms. Orozco, “Hurry up, hurry up, bitch.” As Ms. Orozco finished loading the money into the plastic bag, Mr. Hill reached into his pocket and gestured as if he had a gun. A bank customer standing near Mr. Hill at the teller counter also observed him with his hand moving inside his jacket pocket. Once Ms. Orozco finished placing over $2,000 in the plastic bag, Mr. Hill grabbed it and quickly walked out of the bank.
With Mr. Hill gone, Ms. Orozco pressed the alarm, left her window, and informed a co-worker, “Oh, my God, I’ve just been robbed.” During the robbery she had not hit the alarm, which was located between her window and the adjacent teller window, because she could not do so without being obvious. The bank had instructed her to reach for the alarm during a robbery only if she felt she could do so safely.
On January 15, 1998, Ms. Orozco picked Mr. Hill’s picture from a photo array. An FBI agent arrested Mr. Hill on January 19, 1998, and determined that Mr. Hill was not armed during the robbery. Mr. Hill was later indicted on one count of bank robbery. A jury trial commenced on June 30, 1998. Mr. Hill moved for a judgment of acquittal at the close of the government’s case, and renewed the motion prior to the jury deliberations. The district court denied both motions. The jury returned a guilty verdict. The district court sentenced Mr. Hill to 210 months of imprisonment and five years supervised release. Mr. Hill timely filed a notice of appeal.
II
ANALYSIS
A. Standard of Review
We review the evidence in the light most favorable to the government to determine whether “
‘any
rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt,’ ”
United States v. Brimley,
B. Evidence Sufficient to Prove Intimidation Element of Crime
Mr. Hill contends that the evidence presented at trial did not prove the intimidation element of the bank robbery charge. The offense of bank robbery requires the government to prove beyond a reasonable doubt that Mr. Hill took something of value belonging to St. Paul Federal Bank “by force and violence, or by intimidation.” 18 U.S.C. § 2113(a).
1
We
*701
have defined intimidation as "say[ing] or do[ing] something in such a way as would place a reasonable person in fear." See United States v. Smith,
We have not addressed what specific acts would place a reasonable person in fear. However, we agree with other circuits that the defendant's actions can rise to the level of intimidation if he confronted a bank employee during the commission of the crime, even if the defendant was unarmed or did not explicitly threaten a bank employee. United States v. Henson,
In this case, Mr. Hill confronted teller Ms. Orozco, threw a plastic bag on her counter window, and demanded that she give him all her money. In addition, Mr. Hill instructed Ms. Orozco not to give him any "funny money" and admonished her to hurry using a derogatory term. Thus, even though Mr. Hill did not expressly threaten Ms. Orozco or display a weapon, his actions can be characterized as intimidating.
Mr. Hill argues, however, that he was not intimidating because he is not an imposing figure and he appeared disheveled during the robbery. He asserts that an ordinary person would not have considered him threatening because he is of medium height and build, did not carry a weapon, spoke softly and had nasal discharge on his nose. His argument is mer-itless, however, because it is not just physical size and appearance that control whether he was intimidating; his actions during the course of the offense also figure into the assessment. In United States v. Baker,
Mr. Hill also argues that Ms. Orozco’s testimony established that she was not afraid of him. Even if this were the case, which it is not, this argument is misplaced because Ms. Orozco’s subjective feelings are irrelevant.
Smith,
Furthermore, contrary to Mr. Hill’s assertion, Ms. Orozco testified that she was afraid. She testified that she did not hit the alarm during the robbery because she felt doing so would have been dangerous. Ms. Orozco further testified that she did not go back to work after the robbery because she was too nervous. On cross-examination, she testified that she did not alert anyone to the robbery while Mr. Hill was in the bank because she felt that it would not be safe to do so. From Ms. Orozco’s testimony a reasonable jury could have concluded that she felt threatened by Mr. Hill. Evidence that the teller felt threatened is probative of whether a reasonable person would have been afraid under the same circumstances.
United States v. Smith,
Ms. Orozco further testified that she thought Mr. Hill put his hand in his coat pocket during the robbery to signal to her that he had a gun. Mr. Hill contends that the still photos taken from the surveillance videotape recorded during the robbery contradict Ms. Orozco’s testimony because, in most of the photos, Mr. Hill’s hands are flat on the teller counter. Ms. Orozco, however, testified that one photo showed Mr. Hill -with his hands in his coat pocket. With respect to that photo, Mr. Hill points out that Ms. Orozco later conceded that from where she was standing at the teller window she would have been unable to see whether Mr. Hill’s hands were in his coat pocket. But she also testified that she was able to see his hands moving toward his coat pocket. Moreover, the still photos do not cover the entire duration of the robbery, only a few seconds. Thus, Mr. Hill’s sweeping assertion that the photos disprove Ms. Orozco’s testimony concerning the gun is a gross overstatement. Most importantly, though, this argument requires this court to reassess and reweigh the evidence, which we may not do.
United States v. Moore,
Conclusion
Accordingly, as there is ample evidence to support the jury’s determination that the government proved the intimidation element of the bank robbery charge, we affirm.
Affirmed
Notes
. 18 U.S.C. § 2113(a) provides in relevant part:
Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion 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 ... [sjhall be fined under this *701 title or imprisoned not more than twenty years, or both.