United States v. Darweshi Dinkane

Darweshi Dinkane appeals his jury conviction of armed bank robbery in violation of 18 U.S.C. § 2113 (a)(d) (1988). During his trial, the jury heard evidence that Dinkane helped plan the robbery and that he drove the getaway car. The government, however, presented no evidence from which a jury could conclude that Dinkane knew the robbery was armed prior to the robbers’ exit from the bank. The jury was instructed that the government was not required to show that Din-kane actually knew that a dangerous weapon would be used in the robbery to convict him of aiding and abetting the armed bank robbery. We hold that Dinkane’s conviction for armed bank robbery must be reversed because the jury instruction was erroneous, and that retrial on this charge is barred because the government faded to present sufficient evidence to support the conviction. Judgment should be entered on the lesser included offense of unarmed bank robbery.

BACKGROUND

Viewing the evidence in the light most favorable to the government, the facts are as follows: On the afternoon of May 29, 1992, a white Monte Carlo Super Sport and a burgundy-red Stanza drove into a parking lot adjacent to a Security Pacific Bank in…