United States v. Bennett

Kimberly B. Bennett seeks review of her jury conviction for bank robbery, in violation of 18 U.S.C.A. § 2113(a) (West 1994 & Supp. 1997). In 1997, Bennett was named in two separate indictments by a federal grand jury. The first indictment alleged that Bennett robbed First Home Federal Savings & Loan Association on August 21, 1992. The second indictment alleged that Bennett robbed First Union National Bank on December 13, 1996. The jury found Bennett not guilty of the 1992 robbery but guilty of the 1996 robbery. On appeal Bennett argues that the district court was required to instruct the jury that the Government had to disprove the defense of coercion or duress beyond a reasonable doubt, rather than instruct the jury that Bennett had the burden of proving the defense of coercion or duress by a preponderance of the evidence. We affirm.