United States v. Leroy J. Bussey, 507 F.2d 1096 (9th Cir. 1974). · Go Syfert
United States v. Leroy J. Bussey, 507 F.2d 1096 (9th Cir. 1974). Cases Citing This Book View Copy Cite
“voluntary abandonment of an attempt which has proceeded well beyond preparation ... will not bar a conviction for attempt.”
26 citation events (4 in the last 25 years) across 16 distinct courts.
Strongest positive: United States v. Rios (usarmymilrev, 1990-10-17)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Rios (2×) also: Cited as authority (rule)
usarmymilrev · 1990 · quote attribution · 1 verbatim quote · confidence high
voluntary abandonment of an attempt which has proceeded well beyond preparation ... will not bar a conviction for attempt.
discussed Cited as authority (rule) United States v. Eugene Temkin
9th Cir. · 2015 · confidence medium
Additionally, Temkin’s abandonment argument fails because abandonment is not a defense when an attempt, as here, “has proceeded well beyond preparation.” United States v. Bussey, 507 F.2d 1096, 1098 (9th Cir.1974).
discussed Cited as authority (rule) United States v. Young
8th Cir. · 2010 · confidence medium
See United States v. Crowley, 318 F.3d 401, 410-11 (2d Cir.2003) (not formally addressing the issue but noting, “[t]he only other circuits that have formally addressed the question have rejected the defense as a matter of federal law”); United States v. Shelton, 30 F.3d 702, 706 (6th Cir.1994) (“[Wjithdrawal, abandonment and renunciation, however characterized, do not provide a defense to an attempt crime.”); United States v. Bussey, 507 F.2d 1096, 1098 (9th Cir.1974) (“A voluntary abandonment of an attempt which has proceeded well beyond preparation as here, will not bar a convictio…
discussed Cited as authority (rule) United States v. Wales
10th Cir. · 2005 · confidence medium
However, as the Second Circuit acknowledged, "[t]he only ... circuits that have formally addressed the question have rejected the defense as a matter of federal law.” Id. at 411 (citing United States v. Shelton, 30 F.3d 702, 706 (6th Cir.1994); United States v. Bussey, 507 F.2d 1096, 1098 (9th Cir.1974)).
cited Cited as authority (rule) United States v. Francis Crowley
2d Cir. · 2003 · confidence medium
See United States v. Shelton, 30 F.3d 702, 706 (6th Cir.1994); United States v. Bussey, 507 F.2d 1096, 1098 (9th Cir.1974).
discussed Cited as authority (rule) United States v. Mack J. Shelton
6th Cir. · 1994 · confidence medium
The Ninth Circuit refused to recognize the defense in United States v. Bussey, 507 F.2d 1096, 1098 (9th Cir.1974) ("A voluntary abandonment of an attempt which has proceeded well beyond preparation as here, will not bar a conviction for the attempt.”).
discussed Cited as authority (rule) United States v. Collier
usafctmilrev · 1992 · confidence medium
Cf United States v. Joyce, 693 F.2d 838, 841 (8th Cir.1982) (abandonment “prior to the commission of a necessary and substantial step”); United States v. Bussey, 507 F.2d 1096, 1098 (9th Cir.1974) (“abandonment of an attempt which has ... proceeded well beyond preparation ... will not bar a conviction”).
discussed Cited as authority (rule) United States v. Mark Anthony Brown
9th Cir. · 1992 · confidence medium
Because Brown only left each bank after the tellers failed to give him money and other bank personnel became aware of his presence, there is insufficient evidence to warrant an abandonment instruction under either the Model Penal Code 1 or United States v. Bussey, 507 F.2d 1096, 1098 (9th Cir.1974) ("[I]t is not sufficient as a defense to proceed well into the execution and then turn away because the plans are found to have been frustrated.") III 5 Brown next argues that the district court improperly allowed expert testimony, in violation of Fed.R.Evid. 704(b), 2 on Brown's intent to rob the b…
cited Cited as authority (rule) United States v. Byrd
cma · 1987 · signal: cf. · confidence medium
Cf. United States v. Bussey, 507 F.2d 1096, 1098 (9th Cir, 1974) (recognizes abandonment defense to the crime of attempt). .
discussed Cited as authority (rule) Robinson v. State (2×) also: Cited "see"
Alaska · 1978 · confidence medium
Despite this holding, the Supreme Court preferred that the district court first reconsider the suppressing of the evidence in the light of its opinion and holdings therein. [16] Jurisdiction of the appeal is retained pending receipt of the superior court's findings of fact and conclusions of law based on the additional suppression hearing ordered by virtue of this opinion. [1] See United States v. Bussey, 507 F.2d 1096, 1097 (9th Cir.1974) (confederate's consent to entry and search of motel room occupied by defendant and confederate did not extend to defendant's personal luggage); Davis v. Peo…
cited Cited "see" United States v. Edward Frank Snell
9th Cir. · 1980 · signal: see · confidence high
United States v. Mandujano, 499 F.2d 370, 373-79 (5th Cir. 1974), cert. denied, 419 U.S. 1114 , 95 S.Ct. 792 , 42 L.Ed.2d *188 812 (1975); see United States v. Bussey, 507 F.2d 1096 (9th Cir. 1974).
cited Cited "see, e.g." United States v. Dixon
D. Maryland · 1990 · signal: see, e.g. · confidence low
See, e.g., United States v. Bussey, 507 F.2d 1096 (9th Cir.1974) (sustaining convictions for attempted bank robbery and possession of firearm in violation of § 924(c)).
cited Cited "see, e.g." Tate and Hall v. State
Md. Ct. Spec. App. · 1976 · signal: see, e.g. · confidence medium
See, e.g., United States v. Bussey, 507 F. 2d 1096, 1097 (9th Cir. 1974); State v. *621 Evans, 45 Haw. 622 , 372 P. 2d 365, 372 (1962): We therefore hold that the consent for the search was valid.
discussed Cited "see, e.g." United States v. Alfred B. Diggs (2×)
3rd Cir. · 1976 · signal: see, e.g. · confidence medium
See, e. g., United States v. Bussey, 507 F.2d 1096, 1097 (9th Cir. 1974); United States v. Pravato, 505 F.2d 703, 704 (2d Cir. 1974); United States v. Heisman, 503 F.2d 1284, 1288-89 (8th Cir. 1974); United States ex rel.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Leroy J. BUSSEY, Defendant-Appellant
74-2476.
Court of Appeals for the Ninth Circuit.
Nov 26, 1974.
507 F.2d 1096
Levi J. Smith, Portland, Or., for defendant-appellant., Sidney I. Lezak, U. S. Atty., Portland, Or., for plaintiff-appellee.
Browning, Trask, Jameson.
Cited by 23 opinions  |  Published

OPINION

TRASK, Circuit Judge:

Leroy Bussey appeals his conviction at a trial to the court for attempted bank robbery, 18 U.S.C. § 2113(a), and for carrying a firearm during an attempted bank robbery, 18 U.S.C. § 924(c) (Supp. 1974). His plan was a rather elaborate one to force the bank manager to accompany him and his confederates from his home to the bank where the manager would open the vault door for them. The plan progressed with the aid of pistols and a shotgun to the point where the manager explained that the vault door had a time lock which would not permit anyone to open it until a much later designated time. They were convinced and left the house. A woman who was a participant told the whole story to the FBI and gave written permission for a search of the motel room where the group was staying. A search was made and incriminating evidence was obtained.

At a hearing the court denied suppression upon the ground that a valid consent had been given. The court was correct as to the common areas, United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 225 (1974), but in error as to the appellant’s personal luggage from which much of the evidence was taken.

The error was harmless in view of the overwhelming case against appellant which the Government produced. For instance, (1) the wife of the bank manager identified appellant at trial; (2) Bussey’s woman companion testified in detail about his participation in the planning and execution of the attempted robbery; (3) she also disclosed how certain guns stolen from the bank manager’s house were disposed of in a lake; they were recovered and identified at trial; and (4) another independent witness, Nick Duarte, testified to an admission of the attempted robbery by appellant. The trial court did not rely upon the suppressed evidence in its findings of fact and conclusions of law which supported the judgment. The admission into evidence of the items which should have been suppressed was harmless error. Brown v. United States, 411 U.S. 223, 231, 93 S.Ct. 1577, 36 L.Ed.2d 251 (1973); Harrington v. California, 395 U.S. 250, 254, 89 S.Ct. 1726, 23 L.Ed.2d 284 (1969).

Appellant next contends that his acts did not constitute an attempted bank robbery. His argument based upon his reading of the statute is frivolous. Next, he argues that his acts did not progress to the point of the commission of the attempt. In Giles v. United States, 157 F.2d 588 (9th Cir.), cert denied, 331 U.S. 813, 67 S.Ct. 1197, 91 L.Ed. 1832 (1946), we approved a jury instruction defining attempt as “an act tending toward the accomplishment, and done in part execution of the design to commit a crime, exceeding an intent but falling short of an execution of it.” 157 F.2d at 590. In the present case the activities of the appellant clearly meet this test. See Lemke v. United States, 211 F.2d 73, 75 (9th Cir.), cert. denied,[*1098] 347 U.S. 1013, 74 S.Ct. 866, 98 L.Ed. 1136 (1954).

Finally, appellant relies upon abandonment. However it is not sufficient as a defense to proceed well into the execution and then turn away because the plans are found to have been frustrated. A voluntary abandonment of an attempt which has proceeded well beyond preparation as here, will not bar a conviction for the attempt. Boyles v. State, 46 Wis. 2d 473, 175 N.W.2d 277 (1970); see W. LaFave & A. Scott, Handbook on Criminal Law 448 (1972). Appellant’s activities clearly progressed too far to be saved by what he termed an abandonment, but which more clearly appears to have been an involuntary foiling of his efforts. Finding no reversible error,

The judgment is affirmed.