United States v. John H. Brittain

WESLEY E. BROWN, Senior District Judge.

The issue in this appeal is whether bank larceny, 18 U.S.C. § 2113(b), is a lesser included offense of bank robbery, 18 U.S.C. § 2113(a).1 The district court determined that it was not a lesser included offense and refused the defendant’s request for such an instruction. The jury found the defendant guilty on a charge of bank robbery under § 2113(a). We conclude that Tenth Circuit precedent considers bank larceny to be a lesser included offense of bank robbery. We therefore vacate the judgment of the district court and remand the case for further…