United States v. Arthur Robinson, 527 F.2d 1170 (6th Cir. 1975). · Go Syfert
United States v. Arthur Robinson, 527 F.2d 1170 (6th Cir. 1975). Cases Citing This Book View Copy Cite
72 citation events (33 in the last 25 years) across 16 distinct courts.
Strongest positive: United States v. William Boyd (ca5, 2017-02-17)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. William Boyd
5th Cir. · 2017 · confidence medium
See, e.g., United States v. Hopkins, 703 F.2d 1102, 1103 (9th Cir. 1983) (noting that the victim “testified that during the course of [the defendant’s] attempt she felt intimidated, frightened, and concerned for her unborn child” and that “the threats implicit in [the defendant’s] written and verbal demands for money provide sufficient evidence of intimidation to support the jury’s verdict”); United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir. 1975) (concluding that “[a]n ‘ordinary person’ in the teller’s position could reasonably ... infer an implicit threat in the …
discussed Cited as authority (rule) United States v. Thomas
6th Cir. · 2004 · confidence medium
See United States v. Waldon, 206 F.3d 597, 606 (6th Cir.2000) (robber wore a mask and ordered everyone to lie down); United States v. Perry, 991 F.2d 304, 310 (6th Cir.1993) (imperative demand accompanied by admonition not to alert anyone and gesture as if reaching into coat to grab something); United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir.1975) (man clothed in a leather coat waited nervously in line, attempted a sham transaction, then demanded all the teller’s money and presented a black pouch to the teller).
discussed Cited as authority (rule) United States v. Colbert
6th Cir. · 2002 · confidence medium
Colbert argues that merely approaching a teller and handing her a note, while otherwise keeping his hands in his pockets, is not enough to meet the requirement of intimidation. 3 In United States v. Robinson, the Sixth Circuit clarified that intimidation does not necessarily require the display of a weapon, the verbal or nonverbal “hint” of a weapon, or an explicit threat to do bodily harm. 527 F.2d 1170, 1172 (1975).
discussed Cited as authority (rule) United States v. Morrison
6th Cir. · 2001 · confidence medium
In that case we held that a jury would be justified in finding intimidation where a man clothed in a “leather coat” (so that a weapon could presumably be concealed) after waiting somewhat nervously in line, attempts, at best, a sham commercial transaction, and commands with the imperative “give” a teller to ten over “all [of her] money” while “sliding a ‘black pouch’ across the counter to her____” Id. at 1171-72 (citation omitted); see also United States v. Gipson, No. 98-5571, 1999 WL 519327 , at **1 (6th Cir. July 14, 1999).
discussed Cited as authority (rule) United States v. Michael Robert Smith
6th Cir. · 1993 · confidence medium
As we stated in United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir.1975): 7 An "ordinary person" in the teller's position could reasonably, we think, infer an implicit threat in the demand, "Give me all your money," accompanied by the presentation of a "black pouch." That appellant was less verbal than the robbers in [other cases], in these circumstances, we think, is immaterial. 8 We believe the facts here are stronger than in Robinson.
discussed Cited as authority (rule) United States v. James Everett Perry (2×)
6th Cir. · 1993 · confidence medium
Indeed, this Court has held that a jury would be justified in finding intimidation where a man clothed in a “leather coat” (so that a weapon could presumably be concealed) after waiting somewhat nervously in line, attempts, at best, a sham commercial transaction, and commands with the imperative “give” a teller to turn over “all [her] money.” United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir.1975) (citation omitted) (alteration in original).
discussed Cited as authority (rule) United States v. David Henson, A/K/A Paul v. Andrews (2×) also: Cited "see, e.g."
1st Cir. · 1991 · confidence medium
See United States v. Bingham, 628 F.2d 548, 549 (9th Cir.1980) (handing teller a note stating that she had “three seconds” to hand over money, and repeating demand, amounted to intimidation); United States v. Robinson, 527 F.2d at 1171 (demanding teller to “[g]ive me all *440 your money,” accompanied by presentation of pouch, constituted intimidation); United States v. Hopkins, 703 F.2d 1102,1103 (9th Cir.1983) (note stating: “Give me all your hundreds, fifties and twenties.
discussed Cited as authority (rule) United States v. Raymond Wagstaff
4th Cir. · 1989 · confidence medium
This is a robbery.” implied a threat of harm), cert. denied, 464 U.S. 963 , 104 S.Ct. 399 , 78 L.Ed.2d 341 (1983); United States v. Bingham, 628 F.2d 548, 549 (9 Cir.1980) (defendant told teller that she had "three seconds" to give him money), cert. denied, 449 U.S. 1092 , 101 S.Ct. 888 , 66 L.Ed.2d 820 (1981); United States v. Robinson, 527 F.2d 1170, 1172 (6 Cir.1975) (defendant wore clothing in which a weapon could be concealed and stated "Give me all your money”).
discussed Cited as authority (rule) United States v. Frank Lawrence
2d Cir. · 1980 · confidence medium
United States v. Brown, 412 F.2d 381, 384 (8th Cir. 1969); United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir. 1975); United States v. Jacquillon, 469 F.2d 380 (5th Cir. 1972), cert. denied, 410 U.S. 938 , 93 S.Ct. 1400 , 35 L.Ed.2d 604 (1972).
discussed Cited as authority (rule) United States v. James Cobb
8th Cir. · 1977 · confidence medium
See, e. g., United States v. Johnston, 543 F.2d 55, 59 (8th Cir. 1976) (object in robber’s pocket thought to be gun was in fact pocketknife); United States v. Harris, 530 F.2d 576, 579 (4th Cir. 1976) (robber placed hand in pocket in manner suggesting a weapon); United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir. 1975) (intimidation found from evidence that robber was wearing leather coat which could conceal weapon, attempted sham transaction, and demanded money); United States v. Alsop, 479 F.2d 65, 67 (9th Cir. 1973) (robber used toy gun); United States v. Jacquillon, 469 F.2d 380, 38…
cited Cited "see" People v. Barner
Ill. App. Ct. · 2008 · signal: see · confidence high
See Robinson, 527 F.2d at 1172 .
cited Cited "see" People v. Barner
Ill. App. Ct. · 2008 · signal: see · confidence high
See Robinson, 527 F.2d at 1172 .
discussed Cited "see" United States v. Thomas
6th Cir. · 2007 · signal: see · confidence high
See United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir.1975) (“An ‘ordinary person’ in the teller’s position could reasonably, we think, infer an implicit threat in the demand, ‘Give me all your money,’ accompanied by the presentation of a ‘black pouch’.”); Gilmore, 282 F.3d at 403 (“Evidence that the teller felt threatened is probative of whether a reasonable *457 person would have been afraid under the same circumstances.”).
discussed Cited "see" State v. Hall
Or. Ct. App. · 1997 · signal: see · confidence high
See United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir.1975) ("Especially in an era characterized by a dramatic increase in crime generally * * * and by increased violence, such circumstances [defendant wore baggy clothes that could conceal a weapon, acted `somewhat nervously in line' and told the teller to ` "Give me all your money"'] could well `produce in the ordinary person fear of bodily harm.'").
cited Cited "see" United States v. James Edward Smith
8th Cir. · 1992 · signal: see · confidence high
See United States v. Robinson, supra, 527 F.2d at 1172 .
discussed Cited "see" United States v. Tommy Ray Higdon (2×)
5th Cir. · 1987 · signal: accord · confidence high
Accord United States v. Robinson, 527 F.2d 1170, 1172 (6th Cir.1975).
discussed Cited "see, e.g." United States v. Kevin Gilmore
6th Cir. · 2002 · signal: see also · confidence medium
See United States v. Hill, 187 F.3d 698, 702 (7th Cir.1999); United States v. Burns, 160 F.3d 82, 85 (1st Cir.1998); United States v. Woodrup, 86 F.3d 359, 363 (4th Cir.1996); United States v. McCarty, 36 F.3d 1349, 1357 (5th Cir.1994); see also United States v. Robinson, 527 F.2d 1170, 1171 (6th Cir.1975) (approving district court’s jury instruction that “intimidation must be established by proof of one or more acts or statements of the accused which were done or made in such a manner and under such circumstances as would produce, in the ordinary person, fear of bodily harm”).
discussed Cited "see, e.g." United States v. Clark, Chauncy J.
7th Cir. · 2000 · signal: see also · confidence medium
See also United States v. Robinson, 527 F.2d 1170, 1171-72 (6th Cir. 1975) (finding that the defendant’s instruction to the teller to "give me all your money" and his coat which could have concealed a weapon, was sufficient to constitute intimidation).
discussed Cited "see, e.g." United States v. Chauncy J. Clark
7th Cir. · 2000 · signal: see also · confidence medium
See also United States v. Robinson, 527 F.2d 1170, 1171-72 (6th Cir.1975) (finding that the defendant’s instruction to the teller to “give me all your money” and his coat which could have concealed a weapon, was sufficient to constitute intimidation).
discussed Cited "see, e.g." State v. Collinsworth
Wash. Ct. App. · 1998 · signal: see also · confidence low
United States v. Robinson, 527 F.2d 1170 , 1172 n. 2 (6th Cir.1975). [4] United States v. Bingham, 628 F.2d 548, 548 (9th Cir.1980); see also United States v. Harris, 530 F.2d 576, 579 (4th Cir.1976); United States v. Higdon, 832 F.2d 312, 315 (5th Cir.1987). [5] 963 F.2d 243 (9th Cir.1992). [6] Lucas, 963 F.2d at 248 . [7] 703 F.2d 1102 (9th Cir.1983) [8] Hopkins, 703 F.2d at 1103 ; see also United States v. Robinson, 527 F.2d 1170 (6th Cir.1975) (evidence that defendant appeared nervous, gave teller black pouch, and said, "give me all your money," sufficient to establish intimidation under 1…
discussed Cited "see, e.g." State v. Collinsworth
Wash. Ct. App. · 1997 · signal: see also · confidence low
Hopkins, 703 F.2d at 1103 ; see also United States v. Robinson, 527 F.2d 1170 (6th Cir. 1975) (evidence that defendant appeared nervous, gave teller black pouch, and said, “give me all your money,” sufficient to establish intimidation under 18 U.S.C. § 2113 (a)).
discussed Cited "see, e.g." United States v. Diane Simpson
6th Cir. · 1986 · signal: see also · confidence medium
It is not significant that the evidence established that Simpson neither threatened James nor displayed a weapon, since "express threats of bodily harm, threatening body motions, or the physical possibility of concealed weapon[s]' are not required for a conviction for bank robbery by intimidation.' Hopkins, 703 F.2d at 1103 , quoting United States v. Bingham, 628 F.2d 548, 549 (9th Cir. 1980); see also, Robinson, 527 F.2d at 1172 (display of a weapon, 'hint' of a weapon, or explicit threat is not a sine quo non of intimidation).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Arthur ROBINSON, Defendant-Appellant
75--1553.
Court of Appeals for the Sixth Circuit.
Dec 23, 1975.
527 F.2d 1170
1975 U.S. App. LEXIS 11328
Federal Defenders Office, Gershwin Drain, Detroit, Mich., William L. Woodard, Detroit, Mich., for defendant-appellant., Ralph B. Guy, Jr., U. S. Atty., Loren G. Keenan, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.
McCREE, Miller, Peck.
Cited by 37 opinions  |  Published
JOHN W. PECK, Circuit Judge.

Defendant-appellant was convicted at a jury trial in district court of taking “by intimidation” of a bank teller about twelve hundred fifty dollars belonging to a federally-insured bank. 18 U.S.C. § 2113(a) (1970). On appeal, appellant challenges the sufficiency of the evidence to support the jury’s implicit finding of “intimidation.” [1] The standard against which the evidence must be considered has recently been restated by this court:

“Of course, in testing the sufficiency of the evidence, the evidence as well as the inferences properly deducible therefrom must be viewed ‘in the light most favorable to the government.’ ” United States v. Stull, 521 F.2d 687, 689 (6th Cir. 1975), citing United States v. Demetre, 461 F.2d 971, 973 (6th Cir. 1972) and United States v. Shipp, 359 F.2d 185, 188 (6th Cir.), cert. denied, 385 U.S. 903, 87 S.Ct. 213, 17 L.Ed.2d 134 (1966).

So viewed, we find sufficient evidence and, consequently, affirm.

The victim teller testified that appellant, who had been “looking around the bank” as he waited in line, gave her a check for one hundred and ten dollars ($110), apparently to cash, and “mumbled” several times, without being understood, concerning the location of a purported account with the bank. Appellant then said, “Give me all your money,” sliding a “black pouch” across the counter to her as he did so. Then, when the teller attempted to fill the black pouch with bait money, he said, “Don’t give me that, that’s not enough.” Though the teller admitted on cross-examination that appellant had made no explicit threat of harm and had both hands on the counter in front of the teller’s cage, and thus apparently visible to her, the teller also testified that appellant wore “a black leather coat.” An off-duty police officer, apparently in civilian clothes, near the teller’s cage, noticed appellant as being “extremely nervous at the time he entered the line and, as the line progressed, bec[oming] more nervous, continuously looking around, watching the doors.”

That the teller testified that she was “very scared” is at best inconclusive, since “[t]he courageousness or timidity of the victim is irrelevant; it is the acts of the accused which constitute an intimidation.” United States v. Alsop, 479 F.2d 65, 67 (9th Cir. 1973).

Focusing on the accused’s acts, or lack thereof, appellant claims that because appellant did not display a weapon, United States v. Alsop, supra (apparently authentic-looking toy gun), United States v. Roustio, 455 F.2d 366 (7th Cir. 1972); United States v. King, 453 F.2d 9 (1st[*1172] Cir. 1972), “hint” at a weapon by putting his hand inside his coat or pocket, United States v. Brown, 412 F.2d 381 (8th Cir. 1969), tell the teller he had a weapon, United States v. Jacquillon, 469 F.2d 380 (5th Cir. 1972), cert. denied, 410 U.S. 938, 93 S.Ct. 1400, 35 L.Ed.2d 604 (1973), Roustio, supra, or more or less explicitly threaten the teller, Jacquillon, supra; King, supra; United States v. Epps, 438 F.2d 1192 (4th Cir. 1971); Brown, supra; United States v. Baker, 129 F.Supp. 684 (S.D.Cal.1955); Roustio, supra, there was insufficient evidence of intimidation.

The cases just mentioned, however, without exception found sufficient evidence of intimidation. That those cases found intimidation in the display of a weapon, the verbal or nonverbal “hint” of a weapon, or an explicit threat, of course, does not compel that such display, “hint,” or threat is a sine qua non of intimidation.

We recognize that some state court opinions somewhat broadly state that “a mere demand made in a rough, positive voice” is insufficient to reasonably excite an “apprehension of danger” or “fear,” [2] Parnell v. State, Okl.Cr., 389 P.2d 370, 374 (1964), Davis v. Commonwealth, 21 Ky.L.Rep. 1295, 54 S.W. 959 (1900), but different circumstances were presented in those cases (a “demand” from an acquaintance in Davis, and a “request” for a higher than agreed to sum from a customer in Parnell), and in those circumstances the “ordinary person” would be less likely to fear bodily harm should he fail to comply with the demand. However, we hold that a jury would be justified in finding intimidation where a man clothed in a “leather coat” (so that a weapon could presumably be concealed) after waiting somewhat nervously in line, attempts, at best, a sham commercial transaction, see Baker, supra, and commands with the imperative “give” a teller to turn over “all [her] money.” Especially in an era characterized by a dramatic increase in crime generally and of bank robbery in particular, and by increased violence, see, e. g., FBI, Crime in the United States 1974 at 10-11, 26 (1975), such circumstances could well “produce in the ordinary person fear of bodily harm,” Alsop, supra, 479 F.2d at 67. An “ordinary person” in the teller’s position could reasonably, we think, infer an implicit threat in the demand, “Give me all your money,” accompanied by the presentation of a “black pouch.” That appellant was less verbal than the robbers in Jacquillon; King; Epps; Brown; Baker or Roustio, in these circumstances, we think, is immaterial.

Since we conclude that the properly instructed jury’s finding of intimidation which was necessary to its guilty verdict is justified by the record before us, the judgment will be affirmed.

1

. The district court, finding “no evidence of force or violence,” instructed the jury concerning intimidation.

“Now, to take or attempt to take by intimidation means willfully, to take or attempt to take by putting in fear of bodily harm. Such fear must arise from the wilful conduct of the accused rather than from some temper-mental timidity of the victim. However, the fear of the victim need not be so great as to result in terror, panic or hysteria.
“Taking or attempting to take by intimidation must be established by proof of one or more acts or statements of the accused which were done or made in such manner and under such circumstances as would produce, in the ordinary person, fear of bodily harm. However, actual fear need not be proved.
“Fear, like intent, may be inferred from statements made or an act done or omitted by the accused, by the victim as well, and from all the surrounding circumstances shown by the evidence.”

Appellant has failed to challenge that instruction, which is virtually identical with the instructions sustained in United States v. Alsop, 479 F.2d 65, 66-67 (9th Cir. 1973), and approved in United States v. Brown, 412 F.2d 381, 384 n. 4 (8th Cir. 1969). See 2 E. Devitt & C. Blackmar, Federal Jury Practice & Instructions § 48.05 (2d ed. 1970). The jury returned a general verdict of “guilty.”

2

. Though 18 U.S.C. § 2113(a) (1970) now requires “force,” “violence,” or “intimidation,” its predecessor, 12 U.S.C. § 588b(a) (1946), proscribed takings and attempted takings by “force,” “violence,” or “putting in fear.” Gant v. United States, 161 F.2d 793, 795 n. 1 (5th Cir. 1947). The draftsmanship change to “intimidation,” rather than “putting in fear,” has been characterized as technical rather than substantive. United States v. Baker, 129 F.Supp. 684, 685 (S.D.Calif. 1955). Consequently, cases construing state robbery statutes and common law robbery, requiring “putting in fear,” are relevant in interpreting “intimidation” for section 2113(a).