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U.S. v. MITCHELL

No. 96-8891.

146 F.3d 1338 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward MITCHELL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 24, 1998.

Attorney(s) appearing for the Case

Michael A. Kessler, Atlanta, GA, for Defendant-Appellant.

Kent Alexander, U.S. Atty., William P. Gaffney, Asst. U.S. Atty., Atlanta, GA, for Plaintiff-Appellee.

Before ANDERSON and MARCUS, Circuit Judges, and HANCOCK, Senior District Judge.

MARCUS, Circuit Judge:

Appellant James Edward Mitchell appeals his conviction for bank robbery and the sentence the district court imposed upon him. Mitchell argues that the jury verdict cannot stand because the jury's conviction of Mitchell on charges of armed bank robbery irreconcilably conflicts with its acquittal of Mitchell on charges of using a firearm during the commission of the bank robbery. Mitchell also contends that he was charged in a single count with...

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