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Criminal Law Keyed to Kennedy
Dean v. United States
Citation:556 U.S. 568 (2009)
A masked man entered a bank, waved a gun, and yelled at everyone to get down. During the robbery, his gun went off. The robber cursed and dashed out of the bank. Witnesses stated that the robber seemed surprised that the gun had gone off. No one was hurt.
Police arrested Christopher Michael Dean and Ricardo Curtis Lopez for the crime. Both defendants were convicted of crimes related to the robbery, including firearm enhancements in violation of § 924 (c)(1)(A). The District Court sentenced Dean to a mandatory minimum term of 10 years in prison on the firearm count. He appealed, arguing that the discharge was accidental and that the sentencing enhancement in § 924 (c)(1)(A)(iii) requires proof that the defendant intended to discharge the firearm. The Court of Appeals affirmed.
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