United States Fourth Circuit

Defendant's sentence and convictions stemming from his role in a bank robbery and a mid-escape home intrusion, which ended in the victim's death, is affirmed in part, vacated in part and remanded, where: 1) the totality of the circumstances support the district court's denial of suppression; 2) there was no instructional error regarding the forced accompaniment offense; 3) defendant's conviction of the death results offense and the resulting mandatory life sentence are vacated and remanded regardless of whether the district court's error instructions on the element of the uncharged death results offense is a constructive amendment or an indictment error; and 4) defendant's challenge to the sufficiency of evidence regarding the forced accompaniment offense is without merit.

Appellate Information

• Decided 08/22/2012
• Published 08/22/2012

Judges

• King

Court

• United States Fourth Circuit

Counsel