United States First Circuit
US v. Cruz-Diaz, 07-1534, 07-1535
Armed bank-robbery convictions are affirmed, despite one bank teller's doubt as to whether the gun was real, where eyewitness testimony, the bank's surveillance video, and the discovery of a bullet casing in the getaway car were all consistent with the finding that the gun was real. Admission of an out-of-court statement made to authorities by one codefendant did not violate the other defendant's Confrontation Clause rights, where the statement was not offered for its truth but rather to rebut an attempt to cast doubt on the integrity of the police's investigatory efforts.
Appellate Information
- Decided 12/18/2008
- Published 12/18/2008
Judges
- HOWARD, Circuit Judge., Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Juan F. Matos De Juan for appellant José Alfredo Ayala-Colón., Raymond Rivera Esteves for appellant Angel Zamora Cruz-Díaz.
- For Appellees:
- Mariana E. Bauzá, Assistant United States Attorney with whom Rosa Emilia Rodriguez-Vélez, United States Attorney and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief for appellee.