U.S. v. MITCHELL

No. 96-3260.

113 F.3d 1528 (1997)

UNITED STATES of America, Plaintiff—Appellee, v. Thomas W. MITCHELL, Defendant—Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 30, 1997.


Attorney(s) appearing for the Case

Submitted on the briefs:* David J. Phillips, Federal Public Defender, and Timothy J. Henry, Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Kansas, for Defendant-Appellant.

Jackie N. Williams, U.S. Attorney, and Debra L. Barnett, Assistant U.S. Attorney, Office of the U.S. Attorney for the District of Kansas, for Plaintiff-Appellee.

Before ANDERSON, TACHA, and BRORBY, Circuit Judges.


TACHA, Circuit Judge.

Defendant Thomas Mitchell was convicted of bank robbery by intimidation in violation of 18 U.S.C. § 2113(a) and sentenced to 210 months imprisonment. On appeal, Mitchell argues that: (1) there was insufficient evidence regarding the element of intimidation, and (2) the court improperly excluded extrinsic evidence of a prior inconsistent statement to impeach a government witness. Mitchell also challenges his sentence, arguing that the district...

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