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United States v. Kelley

412 F.3d 1240 (2005)

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United States v. Kelley

United States Court of Appeals for the Eleventh Circuit
412 F.3d 1240 (2005)

  • Written by Heather Whittemore, JD

Facts

On July 15, 2003, Monterrio Kelley (defendant) and Corey “Nick” Moss robbed a Bank of America branch in Atlanta, Georgia. During the robbery, Kelley and Moss jumped on top of a teller counter, opened a cash drawer, and grabbed cash from the drawer before fleeing. A bank teller who was working at arm’s length from the robbery heard a loud bang as Kelley and Moss jumped onto the counter and was too scared to resist the robbery or activate an alarm. Kelley was charged with and convicted of bank robbery in violation of 18 U.S.C. § 2113(a), a federal law that prohibited a person from using force or intimidation to take property or money that belonged to a bank from or in the presence of another person. Kelley appealed his conviction, arguing that he did not use force or intimidation to take money from or in the presence of another person.

Rule of Law

Issue

Holding and Reasoning (Pryor, J.)

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