United States v. Reginald Dean Still

The Opinion filed January 25, 1988, 837 F.2d 871 (9th Cir.1988) is withdrawn. The attached Opinion shall be filed.

Reginald Dean Still was indicted and convicted of attempted bank robbery of Security Pacific National Bank, pursuant to 18 U.S.C. § 2113 (a) and for interstate transportation of a stolen van, pursuant to 18 U.S.C. § 2312 .

Still appeals from the judgment of conviction, contending that the government failed to establish every element of attempted bank robbery beyond a reasonable doubt. Based on this circuit’s recent decision in United States v. Buffington, 815 F.2d 1292 (9th Cir.1987), we reverse the conviction of attempted bank robbery and affirm the conviction for interstate transportation of a stolen vehicle.

FACTS

On August 7,1985, at about 10:30 a.m., a lay witness saw the defendant putting on a long blonde wig while sitting in a van with the motor running, parked in the Roseville Square Shopping Center. The van was parked approximately 200 feet away from the Security Pacific Bank. The witness notified the police, who arrived in a marked patrol car shortly thereafter. Upon arrival of the police, the defendant put the van in reverse, and drove off. The police…