United States DC Circuit

In case where there was no evidence defendant acted purposely or knowingly, and where his conduct with regard to discharge of gun could not be viewed as reckless, case is ordered remanded to the district court, with the note that the recklessness associated with defendant's commission of bank robbery, and his carrying and brandishing of the weapon in the course of the robbery, cannot suffice for a finding of the requisite intent to discharge under 18 U.S.C. section 924(c)(1)(A)(iii).

Appellate Information

• Argued 03/07/2006
• Decided 09/05/2006
• Published 09/05/2006

Judges

• Before:  RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Edward C. Sussman, appointed by the court, argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Steven W. Pelak, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Roy W. McLeese III and Frederick W. Yette, Assistant U.S. Attorneys.