## Facts

- Reginald Dean Still was indicted in the Eastern District of California for attempted bank robbery (18 U.S.C. § 2113(a)) and interstate transportation of a stolen motor vehicle (18 U.S.C. § 2312).
- A witness saw Still in a van with the engine running in a shopping-center parking lot about 200 feet from a bank, putting on a long blonde wig, and called police.
- When officers arrived in a marked patrol car, Still backed up and drove away; officers followed, located him at a nearby camper/trailer, and arrested him.
- Still told officers they had caught him shortly before he was going to rob a bank and that the wig was for that purpose.
- Still admitted the van was stolen and, after receiving Miranda warnings and waiving rights, described a plan to use a fake bomb and demand note at a bank’s drive-in window.
- A search of the van found a fake bomb (road flares in a box), a bag with a taped demand note, a blonde wig, a police scanner tuned to local police frequency, and draft demand notes.
- The prosecution offered no evidence that Still approached the bank, entered its drive-in lane, contacted bank personnel, or otherwise began executing the robbery beyond being nearby with the equipment.

## Issues

1. Whether the evidence was sufficient to prove attempted bank robbery under 18 U.S.C. § 2113(a), specifically whether Still took a “substantial step” beyond preparation.
2. Whether the evidence was sufficient to support conviction for interstate transportation of a stolen motor vehicle under 18 U.S.C. § 2312.

## Decision

- The Ninth Circuit reversed the attempted bank-robbery conviction.
- The court held that, although intent was strongly shown, the government failed to prove a substantial step toward committing bank robbery.
- The Ninth Circuit affirmed the conviction for interstate transportation of a stolen motor vehicle.
- The case was remanded for resentencing on the remaining count.

## Legal Principles

- Attempt requires (1) specific intent to commit the target offense and (2) a substantial step that strongly corroborates the firmness of that intent.
- Possession of tools for a crime and proximity to the intended scene, without conduct initiating execution of the offense, may remain mere preparation and be insufficient for attempt liability.
- For 18 U.S.C. § 2312, the government must prove the vehicle was stolen, transported in interstate commerce, and that the defendant knew it was stolen; admissions and circumstantial evidence may satisfy these elements.

## Conclusion

The court held that Still’s admissions and robbery equipment proved intent but not a substantial step toward bank robbery, requiring reversal on the attempt count, while his admission that the van was stolen and supporting evidence sustained the interstate stolen-vehicle conviction.


United States v. Still, 850 F.2d 607 (9th Cir. 1988)