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U.S. v. ELLIOTT

No. 89-2217.

915 F.2d 1455 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Ray ELLIOTT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 10, 1990.

Attorney(s) appearing for the Case

William D. Fry, Asst. Federal Public Defender, Las Cruces, N.M., for defendant-appellant.

Joe M. Romero, Jr., Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before MOORE, ANDERSON and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

In a one-count indictment, Donald Ray Elliott was charged with willfully taking by force, violence, and intimidation $3,900 in currency from one Tamatha White, a teller in the Carlsbad National Bank, Carlsbad, New Mexico, a bank which was insured by the Federal Deposit Insurance Corporation, in violation of 18 U.S.C. § 2113(a). A jury found Elliott guilty of the charge contained in the indictment, and he was sentenced to 210 months...

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