Trial court's conviction of a defendant for accidentally killing a co-participant while speeding away from a bank robbery is affirmed but the imposition of a mandatory life sentence pursuant to the federal bank robbery statute 18 U.S.C. section 2113(e) is vacated and remanded as the district court believed that US v. Poindexter, 44 F.3d 406 (6th Cir. 1995), controlled the outcome of this case and required a mandatory life sentence for even an accidental killing, but Poindexter interpreted an earlier version of the statute which said nothing about life imprisonment.
Argued: April 29, 2009
Decided and Filed: October 16, 2009
Opinion by Circuit Judge Merritt
For Appellant: Richard A. Cline, Richard A. Cline & Co.. LLC, Columbus, Ohio
For Appellee: David M. DeVillers, J. Michael Marous, Assistant United States Attorneys, Columbus, Ohio