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U.S. v. HARRIS

No. 95-21077.

104 F.3d 1465 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Patrick HARRIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 22, 1997.

Attorney(s) appearing for the Case

Jeffery Alan Babcock, Paula Camille Offenhauser, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for plaintiff-appellee.

Roland E. Dahlin, II, H. Michael Sokolow, Federal Public Defenders, Houston, TX, for defendant-appellant.

Before DAVIS and DUHÉ, Circuit Judges, and DOWD, District Judge.

DOWD, District Judge:

Appellant Gerald Patrick Harris challenges his conviction and sentence for being an accessory after the fact to a bank robbery culminating in the murder of a woman at the robbers' rendezvous point, a cemetery. For reasons set forth below, we affirm the conviction and remand the case for resentencing.

I. Background Facts

A dozen Houston-area conspirators traveling in three cars entered the town of Normangee, Texas, on...

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