United States v. Robert Spencer Bodey

Robert Spencer Bodey appeals from the denial of his 28 U.S.C. § 2255 motion. He contends that the trial court erred in denying his motion for a judgment of acquittal at his first bank robbery trial and that his conviction after a second trial must now be vacated under Burks v. United States, 437 U.S. 1 , 98 S.Ct. 2141 , 57 L.Ed.2d 1 (1978). We agree.

On August 8, 1975, Bodey robbed the Midway Branch of the Puget Sound National Bank near Seattle, Washington.

Bodey lived in the Midway area and banked at this bank until his marriage broke up in the spring of 1974. He then left his job and moved to Spokane. Bodey lived in Spokane until he was laid off in October 1974. He then traveled around looking for work until August 1975.

On August 7, 1975, Bodey was at his parents’ home in Spokane. He found a gun in their closet and decided to rob the bank at Midway, where he had formerly had an account. He took his parents’ car at noon and drove about 300 miles, arriving at Midway at about 9 p. m. He spent the night listening to the car radio at a parking lot near the bank.

On the next morning, Bodey borrowed a jump cable from a nearby fire station so that he could start the car because he…