U.S. v. Dixon

Record failed to contain sufficient evidence to support defendant’s conviction on two armed bank robbery charges under 18 USC section 2113(d), i.e., robbery via use of dangerous weapon, where record showed that defendant used charcoal butane lighter while threatening tellers to give him money. While tellers may have believed that butane lighter was dangerous weapon, said lighter was not “dangerous weapon” for purposes of section 2113(d). However, record supported conviction under lesser-included offense of robbery by intimidation under section 2113(a). Moreover, defendant was not entitled to new sentencing hearing on his life sentence, since section 3559(c)(2) included potential for life sentence for convictions under section 2113(a).