United States v. Larry Bruce Johnson

NELSON, Circuit Judge:

The United States appeals the district court’s grant of Larry Bruce Johnson’s motion for judgment of acquittal, 623 F.Supp. 579 (1985). A jury had acquitted Johnson of violating 18 U.S.C. § 2113(a) — bank robbery — and convicted him of violating 18 U.S.C. § 2113(c) — knowing possession of stolen bank property. In granting the motion, the district court found insufficient evidence that Johnson knew the money he possessed was stolen. It reasoned that, as a matter of law, the theory upon which the § 2113(c) conviction was based could not be that Johnson participated in the…