United States v. Charles Anthony Hartfield

513 F.2d 254 UNITED STATES of America, Appellee, v. Charles Anthony HARTFIELD, Appellant. No. 74-2191. United States Court of Appeals, Ninth Circuit. March 12, 1975. Alvin S. Michaelson (argued), Los Angeles, Cal., for appellant. William D. Keller, U. S. Atty. (argued), Los Angeles, Cal., for appellees. Before DUNIWAY and ELY, Circuit Judges, and SOLOMON, * Senior District Judge. OPINION ELY, Circuit Judge: 1 Appellant Hartfield appeals from his conviction by a jury on one count of an indictment charging him with the attempted robbery of a savings and loan association while armed with a dangerous weapon, a violation of 18 U.S.C. § 2113 (a) and (d). Sentenced to the custody of the Attorney General for a period of ten years, Hartfield is currently confined. 2 The evidence adduced at trial indicated that Hartfield entered a branch of the California Federal Savings and Loan Association (hereinafter "the Association") in Ontario, California at 9:30 a.m. on September 5, 1974. Pointing a gun at one of the Association's employees, Hartfield demanded, "Give me the money." It was explained to Hartfield that the particular Association office was strictly a loan branch and that no money…

(concurring):

I concur in the result.

Appellant Hartfield appeals from his conviction by a jury on one count of an indictment charging him with the attempted robbery of a savings and loan association while armed with a dangerous weapon, a violation of 18 U.S.C. § 2113 (a) and (d). Sentenced to the custody of the Attorney General for a period of ten years, Hartfield is currently confined.

The evidence adduced at trial indicated that Hartfield entered a branch of the California Federal Savings and Loan Association (hereinafter “the Association”) in Ontario, California at 9:30 a.m. on September 5, 1974. Pointing a gun at one of the Association’s employees, Hart-field demanded, “Give me the money.” It was explained to Hartfield that the particular Association office was strictly a loan branch and that no money was kept there. After repeating several times that he wanted the safe opened, Hartfield accepted the explanation and asked the employees who were present to give him the money from their pockets. Hartfield was in the Association office for approximately five to ten minutes and was described by the assistant vice president and manager of the loan office as appearing “hopped up” during the…