United States Fifth Circuit

Trial court's conviction of a defendant for accidentally killing a co-participant while speeding away from a bank robbery is affirmed but the imposition of a mandatory life sentence pursuant to the federal bank robbery statute 18 U.S.C. section 2113(e) is vacated and remanded as the district court's belief that US v. Poindexter, 44 F.3d 406 (6th Cir. 1995), controlled the outcome of this case in requiring a mandatory life sentence for even an accidental killing, and Poindexter interpreted an earlier version of the statute which said nothing about life imprisonment.

Appellate Information

• Decided 10/16/2009
• Published 10/16/2009

Judges

Court

• United States Fifth Circuit

Counsel