United States Sixth Circuit

District court's conviction of defendant for armed bank robbery, imposition of a 60-year sentence followed by three years supervised release, and an order to pay $16,833 in restitution jointly and severally with his co-conspirators, are affirmed where: 1) even if defendant did not waive his speedy-trial claim, his argument that the district court violated his speed-trial rights when it granted the motion for a continuance filed by his attorney prior to the first trial is without merit; 2) defendant has failed to meet his burden of showing that, based on the government's evidence, no rational juror could have found him guilty beyond a reasonable doubt; and 3) district court's sentencing methodology was entirely appropriate and the court did not abuse its discretion by sentencing defendant to 25 years in prison on the armed-robbery count and to 35 years on one of the firearm counts.

Appellate Information

• Argued 10/21/2010
• Decided 12/06/2010
• Published 12/06/2010

Judges

• GILMAN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert Smith, III, Joseph P. Schmitz