Seventh Circuit Notes Split Re Whether Attempted Bank Robbery Is A Specific Intent Crime

Per U.S. v. Durham --- F.3d ----, 2011 WL 2535801 (7th Cir. June 28, 2011):

Neither this Court nor the Supreme Court has decided whether specific intent is an essential element of attempted bank robbery in violation of § 2113(a); our sister circuits are split on the issue. Compare United States v. Darby, 857 F.2d 623, 626 (9th Cir.1988) (attempted bank robbery under § 2113(a) requires the specific intent to take the property by force, violence or intimidation), with United States v. Johnston, 543 F.2d 55, 57–58 (5th Cir.1976) (attempted bank robbery under § 2113(a) is not specific intent crime) and United States v. Armstrong, 116 F.3d 489 (10th Cir.1997) (unpublished) (same). We need not decide the issue to address defendants' argument here.