United States Sixth Circuit

Convictions and sentences for bank robbery and conspiracy to commit bank robbery are affirmed where: 1) a co-defendant had a clear entitlement to claim a Fifth Amendment privilege, thus forcing him to take the stand to claim the privilege would have been "futile" and thus unnecessary; 2) the district court made an implicit finding beyond a reasonable doubt during sentencing that a defendant conspired to commit the bank robberies for which a co-defendant was convicted; and 3) there were no reversible errors at trial.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

• Before:  MARTIN and McKEAGUE, Circuit Judges;  COLLIER, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Martin J. Beres, Law Offices Of Martin J. Beres, Clinton Township, Michigan, Harold Z. Gurewitz, Gurewitz & Raben, Detroit, Michigan, for Appellants.  Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Martin J. Beres, Law Offices Of Martin J. Beres, Clinton Township, Michigan, Harold Z. Gurewitz, Gurewitz & Raben, Detroit, Michigan, for Appellants.  Daniel R. Hurley, Assistant United States ATTORNEY, Detroit, Michigan, for Appellee.