United States v. Edward Wayne Beverley

MERRILL, Circuit Judge:

Appellant, following jury trial, was convicted of aggravated mail robbery committed at the Steamboat, Nevada, Post Office, in violation of 18 U.S.C. § 2114. 1 He was given the mandatory 25 year sentence and has taken this appeal.

The indictment charged that appellant “put in jeopardy the lives of the [mail custodians] by the use of a dangerous weapon, to-wit, a loaded .357 Magnum Derringer-style pistol * * *.”

Appellant admitted the robbery but denied that lives were put in jeopardy. He assigns as error the court’s instructions respecting the nature of the offense, 2 and…