CARTER V. UNITED STATES
530 U.S. 255 (2000)
NATURE OF THE CASE: Carter (D) appealed a conviction of bank robbery by force and
violence, or by intimidation.
FACTS: Carter (D) donned a ski mask and entered a bank. D confronted a customer who was
exiting the bank and pushed her back inside. She screamed, startling others in the bank. D
then ran into the bank and leaped over the customer service counter and through one of the
teller windows. One of the tellers rushed into the manager's office. D opened several teller
drawers and emptied the money into a bag. After having removed almost $16,000 in currency, D
jumped back over the counter and fled from the scene. Later that day, the police apprehended
him. D was indicted for violating 2113(a). D pleaded not guilty. D had not taken the bank's
money 'by force and violence, or by intimidation,' as 2113(a) requires. D moved that the
court instruct the jury on the offense described by 2113(b) as a lesser included offense of
the offense described by 2113(a). The court denied the motion in a preliminary ruling. The
court also denied D's motion for a judgment of acquittal and indicated that the preliminary
ruling denying the lesser included offense instruction would stand. The Third Circuit
affirmed. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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