US v. Simmons, No. 08-2207

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.     

Read US v. Simmons, No. 08-2207

Appellate Information

Appeal from the United States District Court for the Eastern District of Wisconsin
Argued February 25, 2009
Decided September 11, 2009

Judges

Before Flaum, Williams, and Tinder, Circuit Judges 

Opinion by Tinder, Circuit Judge