United States v. McNeal

Facts

There was a robbery of a Kansas City Credit Union in September of 1965. One robber, wearing a fishing hat, assaulted the security guard, knocking him down three times and stole his firearm. The other robber, wearing an afro wig, went behind the teller’s cage, fired his gun at the security guard, and demanded money from the tellers. The robbers left with almost $5,000.oo and the security guard’s firearm.

In July of 1986 Ms. O’Neal was arrested on disturbance charges, and had in possession at the time of her arrest the gun that was stolen during the bank robbery. She purchased the gun from Terry McNeal in April of 1986. She identified Terry McNeal and his brother Bobby McNeal in the robbery photos. The government’s theory was that Terry McNeal had the fishing hat on and Bobby McNeal had the afro wig on. However, between the security guard, a customer at the bank at the time of the robbery, a bank teller, and the assistant manager either did not identify one or both of the brothers or switched their placement at the scene.

Terry McNeal (defendant) was convicted and appealed on the basis that the statue in question only covers bank deposits insured under the Federal Deposit Insurance Corporation or are state chartered credit union accounts, and his indictment mentioned the credit union’s deposits, which used incorrect terminology. The distinction that the money is insured by the federal government is important to establish the federal court’s jurisdiction over the case.