United States Seventh Circuit

Sentence and conviction of defendant for conspiracy, armed bank robbery and use of a firearm during a crime of violence is affirmed where: 1) for purposes of a bank robbery count, sufficient evidence existed for a jury to find that bank teller's life was in jeopardy when co-conspirator pointed an unloaded gun at the teller; 2) as to the firearm count, it was foreseeable to the defendant that the robbery would have involved the use of a firearm; 3) district court did not abuse its discretion in denying defendant's request for a mistrial after the government displayed a demonstrative chart with defendant's mug shot in its closing argument, as the brief glimpse of the photograph did not deprive defendant of a fair trial; 4) district court did not abuse its discretion in failing sua sponte to order a mistrial, as prosecution's statement in its closing argument was not improper vouching of co-conspirators; and 5) application of an enhancement based on abduction was proper as there was sufficient evidence to support that abduction took place and was foreseeable.

Appellate Information

• Argued 02/25/2009
• Decided 09/11/2009
• Published 09/11/2009

Judges

• TINDER, Circuit Judge., Before FLAUM, WILLIAMS, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Michelle L. Jacobs, Kelly B. Watzka (argued), Assistant U.S. Attorney, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Tawfiq I. Ali (argued), Neal P. Jagtap, Kirkland & Ellis, LLP, Chicago, IL, for Defendant-Appellant.