United States v. Terrill Douglas Hopkins

A jury convicted Hopkins of attempted bank robbery by intimidation in violation of 18 U.S.C. § 2113 (a). He appeals.

On March 31, 1982, Hopkins entered a Crocker National Bank and presented a demand note to teller Oliaz. The note stated: “Give me all your hundreds, fifties and twenties. This is a robbery.” When Oliaz replied that she had no hundreds or fifties, Hopkins stated: “Okay, then give me what you’ve got.” Oliaz left the teller window, ostensibly to obtain money, and informed several bank employees that she was being robbed. After Oliaz entered the bank vault, Hopkins left the bank in a nonchalant manner. Oliaz testified that during the course of Hopkins’ attempt she felt intimidated, frightened, and concerned for her unborn child.

Hopkins first argues that his conduct and demeanor were not sufficiently intimidating to support a conviction for robbery. Although the evidence showed that Hopkins spoke calmly, made no threats, and was clearly unarmed, we have previously held that “express threats of bodily harm, threatening body motions, or the physical possibility of concealed weapon[s]” are not required for a conviction for bank robbery by intimidation. United States v.…