United States Eighth Circuit

While robbing a bank, the fact that defendant merely showed the teller the hand grip of his gun, is sufficient to find defendant used a gun during and in relation to a crime of violence, under 18 U.S.C., section 2113(a),(d), 924(c), and the fact that defendant did not actually draw and point the gun at the teller does not qualify as an exception to 924(c) under Bailey v. US, 516 U.S. 137 (1995).

Appellate Information

• Decided 01/29/2002
• Published 01/29/2002

Judges

• BEAM, Circuit Judge., Before McMILLIAN, BEAM, and HANSEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jonathan Laurans, Kansas City, MO, for appellant.


• For Appellees:
  
• Marietta Parker, U.S. Attorney (Matt J. Whitworth, Asst. U.S. Atty., on the brief), for appellee.