United States Seventh Circuit

In the context of 18 U.S.C. section 2114(a) which criminalizes attempting to rob a person having custody of money belonging to the U.S., the person's possession of mail or federal property is essential. Defendants' convictions for conspiracy to steal money from the U.S., attempting to rob a person having custody of money belonging to the U.S., and a related firearm offense are reversed and remanded as to the first two offenses where: 1) an informant was not carrying any money or other property belonging to the U.S.; and 2) defendants agreed to rob someone who they believed to be a private actor.

Appellate Information

• Argued 02/27/2008
• Decided 03/17/2008
• Published 03/17/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Renai Scherri Rodney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., William H. Theis, Office of the Public Defender Program, Gary J. Ravitz (argued), Ravitz & Palles, Chicago, IL, for Defendant-Appellant, Daniel Pacheco-Gonzales., William H. Theis (arued), Terence F. MacCarthy, Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.