Whitfield v. United States
Issues
Does a federal bank robbery statute’s forced-accompaniment offense require substantial movement of a victim?
The issue in this case is whether “accompany” should require de minimus or substantial movement of a victim for bank robberies tried in federal court. Whitfield argues that the federal bank robbery statute (18 U.S.C. § 2113(e)) should be interpreted as requiring substantial movement of the victim and that any broader interpretation of “accompany” would yield absurd results. The United States counters that “accompany” should be interpreted literally, and that any finding of accompaniment justifies the imposition of an additional conviction under § 2113(e). This case will impact the interpretation of “accompany” in the context of bank robberies, and may also impact the interpretation of statutes involving other crimes, such as kidnapping.
Questions as Framed for the Court by the Parties
A conviction under the federal bank robbery statute carries a maximum sentence of 20 years in prison, but no minimum sentence. 18 U.S.C. § 2113(a). If the bank robber forces another person “to accompany him” during the robbery or while in flight, however, that additional offense carries a minimum sentence of ten years in prison and a maximum sentence of life imprisonment. 18 U.S.C. § 2113(e).
The question presented is whether § 2113(e)’s forced-accompaniment offense requires proof of more than a de minimis movement of the victim.
On September 26, 2008, Larry Whitfield and Quanterrious McCoy attempted an armed robbery of the Fort Financial Credit Union in Gastonia, North Carolina. See United States v. Whitfield, 695 F.3d 288, 292–93 (4th Cir. 2012). Whitfield and McCoy’s weapons triggered an alarm system that prevented them from entering the bank, so they fled in their car.
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Additional Resources
- Michael Doyle: A Fleeing Bank Robber, a Heart Attack and a ‘Vexing’ Law Get Supreme Court’s Attention, McClatchy DC (June 25, 2014).
- Caroline Vandergriff: Supreme Court Will Hear Gastonia Bank Robber Case, Time Warner Cable News (June 25, 2014).