United States v. Dale J. Scott

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Senior. District Judge VAN PELT.

J. SKELLY WRIGHT, Circuit Judge:

On December 19, 1974 appellant Dale J. Scott entered the National Bank of Washington, pushed a customer aside *339from a teller’s window, stated in a loud voice that this was a stickup, and demanded that the teller give him money. Although he carried no weapon, one hand was thrust toward the teller with “the first finger bent with a knuckle extended” “as though he might have wanted to hold a gun or was holding a gun.” Tr. 19. A scuffle with the…