U.S. v. WOODARD

No. 89-8339.

938 F.2d 1255 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Kimmy Lee WOODARD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied September 23, 1991.


Attorney(s) appearing for the Case

Jerald Robert Hanks, Lawson & Davis, Atlanta, Ga., for defendant-appellant.

Nicolette Templer, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before COX and BIRCH, Circuit Judges, and ENGEL, Senior Circuit Judge.


PER CURIAM:

Kimmy Lee Woodard appeals both his conviction on bank robbery and weapons charges and his sentence. We affirm his conviction, but vacate a portion of his sentence and remand for resentencing.

Facts

Wearing a mask, jacket and driving gloves and carrying a machine pistol, Woodard robbed a branch of the Citizens and Southern National Bank. He took $26,000 from the teller drawers and began to leave the bank, but the police had been...

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