United States v. Edward Frank Snell

CHOY, Circuit Judge:

The Government appeals from the district court’s dismissal of an indictment against Snell. We reverse and remand.

I. Statement of the Case

Snell was originally convicted of attempted extortion in violation of 18 U.S.C. § 1951 and conspiracy to commit bank robbery in violation of 18 U.S.C. §§ 371, 2113(a). On appeal, this court affirmed the conspiracy conviction but reversed the extortion conviction. United States v. Snell, 550 F.2d 515 (9th Cir. 1977) [Snell I]. We held that Snell could not properly be charged for attempted extortion because “the bank robbery statute…