I need help revising final legal memo. PLEASE AND THANK YOU!

Hamline Law Firm 1234 Snelling Avenue St. Paul, MN 55104 651-222-3333 LEGAL MEMORANDUM TO: Genevieve Hill, Supervising Attorney FROM: LWR Intern RE: United States v. Canter; armed bank robbery with a dangerous weapon DATE: October, 13, 2022 ma, your memo formatting and header are excellent! Great ISSUE/QUESTION PRESENTED work. When you start this strongly, and your document looks so nice, it Is there sufficient evidence to support the charge that the defendant committed bank makes your reader excited to rea [...] robbery by use of a "dangerous weapon." Under United States Code, Section21 13(a)(d), which describes Bank Robbery and incidental crimes, is it bank robbery by use of a dangerous weapon You don't need both section headings. I made it clear during if the gun replica was noticeably fake by another, but the person at gunpoint perceived it to be class which ones to use real? SHORT ANSWER/BRIEF ANSWER Good start to your QP, and use of Yes, it is necessary to first determine what is meant by the term "dangerous weapon." the formula. Remember from class to use the shorthand description of The term "dangerous weapon" is not defined in the statute under which the defendant is charged, the statute. You don't need to cite the US Code. Also, include more [...] 18 U.S.C. $ 2113(a) & (d). Although the gun was only a replica of a real gun, it still imposed a fear of danger on the victim, and let him /her reasonably believe it was a real gun. Good answer. Remember that your When robbing a bank, a robber who is carrying a toy gun poses some of the same threats SA needs to mirror your QP. Just answer the QP and provide a short as one who is carrying an empty or malfunctioning real gun just by making the victims feel more explanation. You don't need all of this other content threatened. As a result, the damage a robber does by choosing to carry a toy gun is the same damage caused by choosing to carry an empty gun. Based on the foregoing, it is clear that there is sufficient evidence to support the charge that the defendant committed bank robbery by use of This sentence is a good explanation. You'll probably want to keep this in the SA of your final memo.a "dangerous weapon." However, the Ninth Circuit Court of Appeals has held that a "dangerous weapon" is "any weapon, instrument, article or substance which is used or is readily capable of being used to You could use SOME of this in the SA of your final memo. It helps cause death or serious bodily injury." United States v. Martinez-Jimenez, 864 F.2d 664, 667 (9th provide the source for the explanation of your SA. Cir. 1989). Applying this definition to the facts of this case, it is clear that the defendant's use of a replica gun constituted the use of a "dangerous weapon." The replica gun was used to cause the victim to believe that the defendant had a real gun, and as a result, the victim was placed in fear of death or serious bodily injury. The fact that the This belongs in your Discussion section. victim was not harmed is irrelevant. The key factor is that the victim was placed in fear of death or serious bodily injury by the defendant's use of the replica gun. FACTS On January 5 of this year, Eldon Canter robbed the First State Bank. After he entered the bank he approached a teller and pulled from his pocket a crudely carved wooden replica of a 9mm Beretta handgun, and demanded money. He had carved the replica from a block of pine wood and stained it with dark walnut wood stain to make it look black. He drilled a hole in the barrel end in an attempt to make it look like a real Beretta. The teller was so frightened that he only glanced at the wooden gun, he believed it was real. The teller at the next window looked at the replica and afterward stated that she was fairly certain at the time that it was a fake. No one else noticed whether the wooden replica was real. The teller handed Mr. Canter the money and he fled. Mr. Canter has been charged with robbery by use of a "dangerous weapon" and has asked our law firm whether or not he has committed bank robbery by use of a "dangerous weapon." DISCUSSION/ANALYSIS This is a nearly perfect Facts section ima Pull some of these key facts into your QP and SA for your final memo. You are very close!The rule of law governing "dangerous weapon" is statutory law 18 U.S.C section 2113 (a)& (d), which states, (a) whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person any property, money, etc. and (b) whoever, in committing any offense assaults any person, or puts in jeopardy the life of any person by use of a dangerous weapon or device. The statute does not constitute what is considered jeopardy of the life of any person by I believe I commented on this when I the use of a dangerous weapon or device. Therefore, this statute does not address a situation, like emailed you about your draft on Friday / Saturday. Your opening ours, where the gun was not life-threatening due to being carved from wood. The purpose was to "Rule" paragraph should look roughly like this: start with what [...] pose as a real gun; however, it was not able to act as a real gun. The United States Code has not fully defined "dangerous weapon" in this statute. A case on point is the United States v. Martinez-Jimenez, 864 F.2d 664 (9 Cir. 1989). for the Ninth Circuit In this case, the United States Court of Appeals interpreted the comparable sections of the statute as "the display of a gun instills fear in the average citizen; as a consequence, it creates an This paragraph is your "mini-brief" of the M-J case. So, start with the facts immediate danger that a violent response will ensue. Finally, a gun can cause harm when used as of the case, then describe the court's holding, then its rationale (which a bludgeon." Although the Martinez-Jimenez case concerned an earlier version of the state code, includes the Mclaughlin case). Y [...] in the absence of a more recent case, the interpretation adopted in that case should still apply. The statutes are identical where it is relevant concerning assaulting any person or putting in Great signal words to set up your jeopardy the life of a person by use of a dangerous weapon. This version corresponds with the Application! case above. In our case, the fake gun was a toy replica of a real gun; however, when presented at the He's already been chargerd. robbery, it was easily mistaken to be a real gun and therefore considered a dangerous weapon, as testified. If the ruling in the Martinez-Jimenez case is followed and the interpretation applied in that case is applied to our facts, it appears that Mr. Canter will be charged with robbery with a dangerous weapon. Mr. Canter took reasonable procedures to make a piece of wood look like aExcellent analysis work. How is this gun, including drilling a hole in the front to resemble a real gun. The bank teller it was aimed at the same / different from the M-J case? Go back up to your SA and clearly believed it to be real and that his life would have been in danger if he did not comply with move some of that content here! orders. Even if the gun could not shoot, it can still pose as a dangerous weapon to make a person believe his/her life's in "jeopardy." Nice work! A counterargument to these facts is that there was a teller present at the time who believed the gun to be fake and was fairly certain. The holding on the Martinez-Jimenez case, however, was based on the fact that the toy gun resembled a real gun that a present expert at the What do you mean? Isn't it the case that all eyewitnesses in the M-J case crime could verify looked real. These facts may not hold up with our case because the bank thought the object was real and, in our case, it was less clear? How do teller, at the time, was in fear that his life was in jeopardy when he saw Mr. Canter with the gun you respond to that? [...] which he believed to be real. CONCLUSION For your final memo, be sure to add Section 2113 (a) & (b) of the United States Code governs what is considered robbery with a mini-conclusion here that wraps up your Discussion section (A court is likely to ...) a dangerous weapon. Part A provides that by force, to take or attempt to take property or money from a bank and part B states: "in attempt to commit a crime, assaults or puts in jeopardy the life of a person by use of a dangerous weapon or device, shall be fined and imprisoned." The case of As I said in my email, you don't need all of this here. Just summarize your United States v. Martinez-Jimenez provides that a dangerous weapon does not have to pose a real predictive conclusion, briefly explain it, and make recommendations or threat, but if another feels his/her life's in jeopardy then the item will be considered a dangerous ask questions. -1/2 pt. [...] weapon. Even if Mr. Canter's wooden replica was seen as a fake by one of the tellers, the teller at gunpoint thought it was a real gun and that his life was in danger. Since the gun was perceived to be real, it is considered a dangerous weapon. Under this definition, the wood-carved replica used by Mr. Canter is considered a dangerous weapon. Though a neighboring teller believed the weapon to be fake, the teller Mr.comply with Mr. Canter's demands. Due to the similarities between the cited and the instant case, there is sufficient evidence to support the charge that Mr. Canter committed bank robbery by use of a "dangerous weapon." Great conclusion. Be sure to use "A court is likely to ..."