McLaughlin v. United States

On the basis of his display of an unloaded handgun in the course of a bank robbery, petitioner was convicted under 18 U.S.C. § 2113(d), which provides an enhanced penalty for assault by use of a "dangerous weapon" during a bank robbery.

Held:

An unloaded handgun is a "dangerous weapon" within the meaning of 2113(d). Pp. 17-18.

Affirmed.

Stevens, J., delivered the opinion for a unanimous Court.

Stephen J. Cribari, by appointment of the Court, 474 U.S. 1003, argued the cause for petitioner. With him on the briefs was Fred Warren Bennett.

Christopher J. Wright argued the cause for the United States. With him on the brief were Solicitor General Fried, Assistant Attorney General Trott, Deputy Solicitor General Frey, and Joel M. Gershowitz.