Summary of U.S. v. Harper
U.S. Ct. App., 1994 

Facts: Police found three Df sitting in a parked car, at 10 p.m., in a rented car, in the parking lot of a bank.  The officers searched the Df, the vehicle and surrounding area.  They found two handguns under a bush 6 ft from the car.  A witness had seen one Df near that bush earlier.  In the car they found, duct tape, stun gun, pair of latex gloves, and ammunition on one Df with another pair of gloves. Df harper had used an ATM card of Kim Ellis requesting a twenty dollar withdrawal.  Harper did not remove the withdrawal which prompts the owner to send technicians.

Issue: Whether there was sufficient evidence to support the attempted conviction, the conspiracy and firearm convictions?

Holding: No, yes, yes.

Procedure: Jury trial conviction for attempted bank robbery, conspiracy, and carrying a firearm during commission of violent crime.  Reverse ABR, affirm the rest, remand for resentencing.

Rule: Attempted Bank Robbery – Culpable intent; and conduct constituting a substantial step toward the commission of the crime.

Ct Rationale: The Df intended to rob the Bank as the evidence shows, but they did not take a substantial step toward the commission of that robbery.  The robbery was going to occur in the future.  The dfs never made a move toward the intended victims or the Bank to accomplish the criminal portion of their intended mission. They had not taken a substantial step that unless frustrated the crime would have occurred.

PL A: The substantial step occurred when the bill trap was sprung, where the stolen ATM card was used, and the ATM technicians were headed toward the Bank.

Def A: The Df failed to take a substantial step toward robbing the Bank, the twenty was left in the ATM, it was at night, and no personnel were present.

Equivocal – doubtful

Culpable – criminal, blameworthy.