U.S. v. RIGGANS

No. 00-3188.

254 F.3d 1200 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Bernard RIGGANS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 2001.


Attorney(s) appearing for the Case

Kim M. Berger (and Nancy Landis Caplinger, Assistant United States Attorney and Jackie N. Williams, United States Attorney, on the brief), Topeka, KS, for Plaintiff-Appellee.

J. Steven Schweiker, Overland Park, KS, for Defendant-Appellant.

Before KELLY, BALDOCK, and LUCERO, Circuit Judges.


PAUL J. KELLY, Jr., Circuit Judge.

Mr. Riggans was convicted of bank larceny, in violation of 18 U.S.C. § 2113(b), and was sentenced to 120 months imprisonment and 3 years of supervised release. On appeal, he argues that his conviction must be vacated because the jury was not instructed on all of the elements of bank larceny. In the alternative, he argues that he should be resentenced because bank larceny is not a crime of violence. We have jurisdiction under...

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