U.S. v. VALDEZ

Nos. 97-4075, 97-4050.

146 F.3d 547 (1998)

UNITED STATES of America, Appellee, v. Henry R. VALDEZ, Appellant. UNITED STATES of America, Appellee, v. Damion E. JOHNSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1998.


Attorney(s) appearing for the Case

Gary R. Pearson, Lincoln, NE, argued, for Henry R. Valdez.

John C. Vanderslice, Omaha, NE, argued (Jennifer L. Gilg, Omaha, NE, on the brief), for Damion Johnson.

Alan Lee Everett, Lincoln, NE, argued (Thomas J. Monaghan, U.S. Atty., on the brief), for United States of America.

Before McMILLIAN, BOWMAN, and MURPHY, Circuit Judges.


BOWMAN, Circuit Judge.

Damion Johnson and Henry Valdez were tried jointly for attempted bank robbery, see 18 U.S.C. § 2113 (1994), and using a firearm during a crime of violence, see id. § 924(c)(1) (1994). A jury convicted each on both counts. Following the trial, the District Court2 sentenced Johnson to 97 months' imprisonment on the bank robbery conviction to be followed by 120 months' imprisonment on the weapons...

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