Defendant appealed after he pleaded guilty to bank robbery and related offenses, pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant argued that his sentence was unreasonable and that he was denied effective assistance of counsel; ...

Tagged with: appeal waiver Bank Robbery Reasonableness of Sentence

Defendant pleaded guilty to bank robbery and unlawful possession of a firearm by a felon. At sentencing, the district court determined that defendant’s five prior convictions for second-degree robbery in Missouri were “violent felonies” under the ACCA and required imposition ...

Tagged with: ACCA Enhanced Sentence Bank Robbery Prior Violent Felony

A jury convicted defendant of robbery, Hobbs Act robbery, brandishing a firearm and unlawful possession of a firearm as a felon. On appeal, defendant argued that the district court erred in denying a mistrial based on the remarks of a ...

Tagged with: Bank Robbery Motion for Mistrial Post-Arrest Silence

Defendant pleaded guilty to aiding and abetting bank robbery and brandishing a firearm in furtherance of a crime of violence. Defendant moved to vacate his conviction pursuant to Johnson v. U.S., 135 S.Ct. 2551. The district court concluded that defendant’s ...

Tagged with: Bank Robbery Brandishing of Firearm Vagueness of Statute

Defendant pleaded guilty to bank robbery. His presentence report applied a two-level enhancement after finding defendant made a death threat during the robbery. On appeal, defendant challenged the sentencing enhancement and argued that his sentence was substantively unreasonable. Where defendant’s ...

Tagged with: Bank Robbery Death Threats Made During Crime Sentencing Enhancement

Defendant pleaded guilty to bank robbery. The district court concluded defendant was a career offender, based on two prior federal bank robbery convictions, and imposed a two-level guidelines enhancement to sentence defendant to a within-guidelines range sentence of 151 months’ ...

Tagged with: Bank Robbery Career Offender Criminal Law Guidelines Enhancement

  Defendant pled guilty to bank robbery and the district court sentenced him to a within-Guidelines sentence of 108 months’ incarceration. On appeal, defendant argued that his sentence was substantively unreasonable, contending that the district emphasized aggravating factors at the ...

Tagged with: Bank Robbery Criminal Law Substantive Reasonableness of Sentence Within-Guidelines Range Sentence

  Defendant pleaded guilty to one count of bank robbery. At sentencing, the district court classified defendant as a career offender due to his current offense, a 1979 bank-robbery conviction, and a 2001 Missouri second-degree robbery conviction, finding that the ...

Tagged with: Bank Robbery Career Offender Crime Of Violence Criminal

U.S. v. Moua (MLW No. 71868/Case No. 17-2046 – 6 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: Bank Robbery Criminal Law Sufficiency Of Evidence

U.S. v. Lomas (MLW No. 69349/Case No. 15-3194 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

Tagged with: Bank Robbery Criminal Law hearsay Prior Bad Acts

State v. Coleman (MLW No. 67941/Case No. SC94554 – 9 pages) (Supreme Court of Missouri, Teitelman, J.; Russell, C.J., Fischer, Draper and Wilson, JJ., concur; Breckenridge, J., dissents in separate opinion filed; Stith, J., concurs in opinion of Breckenridge, J.)

Tagged with: Bank Robbery Criminal Law Sufficiency Of Evidence