This section contains the nature of the case and procedural background.

D was employed by the Guam Armored Car Service which was hired by the Bank of Hawaii and the Bank of America to deliver bags of money. On three occasions D opened the bags and removed money. As a result, he was convicted of three counts of stealing money from the banks. D was convicted in the U.S. District Court of Guam of stealing money from two federally insured banks in violation of 18 U.S.C. § 2113(b) which makes it a crime to '. . . take . . . with intent to steal . . . any money belonging to . . . any bank. . . .' D appealed; he had lawful possession of the bags with the consent of the banks and as such he was not guilty as the statute requires a trespassory taking.

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