United States v. David J. Shaw

AMENDED OPINION

Appellant David James Shaw appeals his conviction, after jury trial, of unarmed bank robbery. He also appeals the denial of his motion to dismiss following a mistrial in a separate prosecution for weapon possession. We affirm both the conviction for unarmed bank robbery and the denial of the motion to dismiss.

On April 18, 1985, a man dressed as a woman robbed the Pacific Western Bank in Eugene, Oregon by threatening to throw a vial supposedly containing acid at a bank teller. On August 1, 1985, appellant David James Shaw was arrested and confessed to the robbery, admitting that he had dressed as a woman and had employed Ronald Smith, a juvenile, as his driver. Shaw also explained that the vial of fluid he used in the robbery contained only water.

The grand jury returned a three count indictment against Shaw on August 15, 1985. Count One charged him with unarmed bank robbery under 18 U.S.C. § 2113 (a) (1982). Counts Two and Three charged him with possessing an unspecified type of long arm weapon in April 1985 and a pistol in July 1985 in violation of 18 U.S.C.App. § 1202(a)(1) (1982 & Supp. Ill 1985). The trial judge granted a motion to try Count One separately…