United States Eighth Circuit

Defendant's bank robbery conviction is affirmed where: 1) the government presented sufficient evidence for a reasonable jury to find intimidation; 2) the district court did not become an advocate when questioning a witness; and 3) show-up evidence was reliable under the totality of the circumstances. However, defendant's sentence is vacated where the district court improperly calculated defendant's advisory Guidelines range.

Appellate Information

• Decided 08/12/2010
• Published 08/12/2010

Judges

• William J. Riley

Court

• United States Eighth Circuit

Counsel