UNITED STATES of America, Plaintiff-Appellee, v. Gerald Wayne HANNAH, Defendant-Appellant

Gerald Wayne Hannah stood trial for bank robbery. The government argued that he had driven through a drive-up window and handed the teller a hold-up note, and then drove away with cash. During jury deliberations, the judge received a note asking whether Hannah could be guilty if he had not been the driver. Over defense objections, the court gave an aiding and abetting instruction, allowing both sides time for additional argument. Hannah argues the supplemental instruction prejudiced him.

FACTS

On April 7, 1995, the owner of a Volkswagen Rabbit reported that her neighbor, Gerald Wayne Hannah, had stolen her ear. That same day, a Volkswagen Rabbit approached a drive-up window of the United States Bank in Portland, Oregon. The driver gave the teller a hold-up note demanding at least $3000. He wore a green parka jacket with a tight hood, but the teller could see he was a white male in his thirties with a light moustache, a description that matched Hannah’s appearance.

The note stated that a young girl was shut in the car’s trunk, and “If I get pulled over as I go back to Wash, I will shoot her through the back seat.” The teller gave the robber more than $2000 but kept the note,…