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U.S. v. RAY

No. 92-3261.

21 F.3d 1134 (1994)

UNITED STATES of America, Appellee, v. David RAY, A/K/A David Young, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 1994.

Attorney(s) appearing for the Case

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

Barbara K. Bracher, Asst. U.S. Atty., argued the cause for appellee. With her on the brief were J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, John R. Fisher, Thomas C. Black and Edward F. McCormack, Asst. U.S. Attys.

Before: GINSBURG and RANDOLPH, Circuit Judges, and HUBERT L. WILL, Senior District Judge.

Opinion for the court filed by Circuit Judge RANDOLPH.

Opinion concurring in part and dissenting in part filed by Senior District Judge WILL.

RANDOLPH, Circuit Judge:

Within one month David Ray robbed the same bank twice. Both times he approached a teller and ordered her to turn over cash or he would "blow [her] head off." The tellers involved did not see a weapon or the outline of one. Both said Ray "moved his hands around a lot," putting one hand...

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