United States Fifth Circuit

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US v. Montes, 08-10932

Defendants' bank robbery convictions and sentences are affirmed where: 1) because defendant did not clearly invoke his right to counsel, as required, his post-arrest statements made after his ambiguous request for an attorney were admissible; 2) the district court's jury instructions correctly stated the law and simply instructed the jury to convict on each and every firearm count that it found defendant guilty of in the corresponding odd-numbered bank robbery count; 3) the evidence presented by the government was more than ample to establish defendant's identity as the culprit and therefore sufficient to sustain the verdict; and 4) the district court had no authority to impose a sentence below the statutory minimum on defendant's 18 U.S.C. section 924(c) convictions.

Appellate Information

  • Decided 03/29/2010
  • Published 03/29/2010

Judges

Court

  • United States Fifth Circuit

Counsel