United States v. Clarence Stallworth and Johnny Sellers

IRVING R. KAUFMAN, Chief Judge:

Although we affirmed appellants’ convictions for attempted bank robbery, 18 U.S.C. § 2113(a), 1 in open court, we believe that since the question is one likely to present itself to district courts not infrequently it is prudent to discuss .briefly the perplexing problem of distinguishing “mere preparation” for the commission of a crime from an “attempt.”

Since an understanding of the facts is critical to any consideration of inchoate crimes, we summarize the pertinent events culminating in the arrest. Rodney Campbell, a convicted bank robber, agreed to cooperate…