In United States v. Bain, --- F.3d ---, No. 17-10107 (9th Cir. 2019), on plain error review, the Court vacated the defendant's armed bank robbery conviction under 18 U.S.C. § 2113(d).
The Court held that the factual basis for the plea was plainly insufficient.
The central fact was that, during the robbery, the defendant "inadvertently placed a closed
pocket knife on the bank’s counter while pulling a plastic bag
out of his pocket." The Court determined "this action did not 'put[] in
jeopardy the life of any person by the use of a dangerous
weapon,' which is a requirement for armed bank robbery
under 18 U.S.C. § 2113(d)."
The Court also vacated the defendant's sentence.
