U.S. v. SMITHERS

No. 98-1722.

212 F.3d 306 (2000)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 8, 2000.

Rehearing and Suggestion for Rehearing Denied July 13, 2000.


Attorney(s) appearing for the Case

Kathleen Moro Nesi (argued and briefed), Assistant United States Attorney, Office of U.S. Attorney, Detroit, Michigan, for Appellee.

Andrew N. Wise (argued and briefed), Federal Public Defenders Office, Detroit, Michigan, for Appellant.

Before: BATCHELDER and COLE, Circuit Judges; MARBLEY, District Judge.


MARBLEY, D.J., delivered the opinion of the court, in which COLE, J., joined. BATCHELDER, J. (pp. 318-32), delivered a separate dissenting opinion.

Rehearing and Suggestion for Rehearing En Banc Denied July 13, 2000.

MARBLEY, District Judge.

Appellant James Smithers was convicted of bank robbery in violation of 18 U.S.C. § 2113(a). Smithers now appeals various aspects of his trial, including the district court's exclusion of the testimony of an...

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