United States v. David Phillips

HILL, Circuit Judge.

This appeal challenges appellant’s conviction on one count of violating 18 U.S.C. § 2114. 1 The trial court sen- fenced appellant to 25 years’ imprisonment on this count. The facts of the offense will be developed as necessary in the course of the opinion.

Appellant first contends that he was improperly charged in the § 2114 count of the indictment and that the jury was improperly instructed both by use of the special verdict form and the wording of one instruction given the jury. Appellant’s position is that § 2114 creates two separate offenses: (1) assault of a person in…