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

Bell (D) opened an account at a Florida bank, gave a false address, and deposited a check for $10,000. The check was payable to another person and D had altered the endorsement to show his bank account number. After a 20-day hold, D returned, closed the account, and took the money. D was charged with violating 18 USC section 2113(b). D was convicted. That statute provides that anyone who takes and carries away, with the intent to steal, any money exceeding $100, belonging to or in the custody of a bank, is guilty of a federal crime. D freely admitted his guilt under false pretenses. D appealed contending that the taking and carrying away provision in the statute made that crime larceny and not false pretenses.

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