United States Eighth Circuit

Defendant's bank robbery conviction and sentence are affirmed where: 1) defendant's girlfriend's stepmother was not an instrument or agent of the government for Fourth Amendment purposes when she turned defendant's clothes over to the government; 2) there was sufficient evidence for a reasonable jury to conclude beyond a reasonable doubt that defendant committed the charged robberies, and used the gun at issue to do them; and 3) comparison of defendant's 684-month sentence to the robbery of three financial institutions with a gun did not lead to an inference of gross disproportionality.

Appellate Information

• Decided 03/04/2010
• Published 03/04/2010

Judges

Court

• United States Eighth Circuit

Counsel