United States v. Deshon Rene Odom

Deshon Rene Odom appeals his conviction for armed bank robbery under 18 U.S.C. § 2113 (d). This case presents the fact pattern of a bank robber carrying a gun, which was for the most part concealed, but which was briefly and inadvertently displayed during the robbery. Odom argues that he did not “use” the gun within the meaning of § 2113(d) because he never alluded to it or intentionally displayed it, and therefore that he should have only been convicted for unarmed bank robbery under § 2113(a). Prior decisions have dealt with the issue of what constitutes an “armed” bank robbery in a variety of scenarios, but we have not dealt with this precise variation. Thus, we must here answer the question: can a bank robber with a concealed gun who never mentions or insinuates having one, but who displays it inadvertently, be convicted of armed bank robbery? We believe the answer is no, and therefore reverse.

I. BACKGROUND

On December 20, 1996, Odom entered the Bellflower, California branch of Bank of America and sat down at the desk of the branch manager. He told her it was a “professional robbery” and instructed her not to set off any alarms. He directed her to get money out of…