United States v. John Wayne Bingham, AKA Robert Bingham

Bingham appeals his conviction for unarmed bank robbery under 18 U.S.C. § 2113(a), contending that there was insufficient evidence from which the jury could find “intimidation.” We affirm the judgment of conviction.

Taking by intimidation is the willful taking in such a way as would place an ordinary person in fear of bodily harm. United States v. Alsop, 479 F.2d 65, 66 (9th Cir. 1973). Here, the bank teller’s subjective fears were reasonable. It is undisputed that Bingham told the teller that she had “three seconds” to give him the money in the top drawer, and then repeated this demand while…