What is the current state of the law on assault under section 2113(d) of the Criminal Code when a defendant is convicted of assault and putting life in jeopardy?
MultiRegion, United States of America
The following excerpt is from U.S. v. Brannon, 616 F.2d 413 (9th Cir. 1980):
In United States v. McAvoy, 574 F.2d 718 (2nd Cir. 1978), the defendant was convicted under 2113(d). As in this case, the indictment charged both assault and putting life in jeopardy. There was no direct evidence that the gun was loaded. The district court instructed the jury that "apparent ability" to carry out a threat of force or violence was sufficient to constitute assault.
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