Carter (D) donned a ski mask and entered a bank. D confronted a customer who was exiting the bank and pushed her back inside. She screamed, startling others in the bank. D then ran into the bank and leaped over the customer service counter and through one of the teller windows. One of the tellers rushed into the manager's office. D opened several teller drawers and emptied the money into a bag. After having removed almost $16,000 in currency, D jumped back over the counter and fled from the scene. Later that day, the police apprehended him. D was indicted for violating §2113(a). D pleaded not guilty. D had not taken the bank's money 'by force and violence, or by intimidation,' as §2113(a) requires. D moved that the court instruct the jury on the offense described by §2113(b) as a lesser included offense of the offense described by §2113(a). The court denied the motion in a preliminary ruling. The court also denied D's motion for a judgment of acquittal and indicated that the preliminary ruling denying the lesser included offense instruction would stand. The Third Circuit affirmed. The Supreme Court granted certiorari.

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