United States Eighth Circuit

Defendants' convictions for bank robbery and use of a firearm in relation to a crime of violence are affirmed where: 1) defendant produced no objective evidence that the government acted with an improper or vindictive motive; 2) the other robberies as to which the government adduced evidence were sufficiently similar to the charged crime to establish an identity inference and support admission of the evidence for that purpose; 3) nothing in the record indicates that the government purposely withheld information about a witness in order to create an unfair advantage at trial; and 4) the evidence was sufficient to establish that defendant carried a real firearm.

Appellate Information

• Decided 05/14/2010
• Published 05/14/2010

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge,JOHN R. GIBSON, and WOLLMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph Gilbert Bertogli, Des Moines IA, Robert Charles Dopf, Urbandale, IA, argued, for appellant.


• For Appellees:
  
• Andrew H. Kahl, AUSA, argued, Des Moines, IA, for Appellee.