United States v. Ernest Gene Moore

Moore was convicted on both counts of a two-count indictment charging him and two others with attempted bank robbery, a violation of 18 U.S.C. § 2113 (a), and use of firearms in the commission of a felony, the same attempted bank robbery, a violation of 18 U.S.C. § 924 (c)(1). We affirm.

I. FACTS.

On April 8, 1977, Moore was arrested outside the King-Linwood branch of the United States National Bank in Milwaukie, Oregon. He and another man were walking toward the bank. He was wearing gloves and a ski mask, not pulled down over his face, and carrying two pillowcases. A loaded pistol was concealed in the waistband of his trousers. Moore and his companion were planning to rob the bank. The FBI agents who arrested Moore had received advance notice of the planned robbery from Krossman, one of the participants. Krossman had long served as an informant for the Clark County, Washington, Sheriff’s Department.

II. “USE” OF THE GUN.

Moore claims that the evidence adduced in support of Count II of the indictment, which charged use of firearms in the commission of a felony, a violation of 18 U.S.C. § 924 (c)(1), was insufficient to warrant his conviction. His argument on this point is…