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U.S. v. CARR

No. 03-3017.

373 F.3d 1350 (2004)

UNITED STATES of America, Appellee, v. Brian Eric CARR, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2004.

Attorney(s) appearing for the Case

Edward C. Sussman, appointed by the court, argued the cause and filed the briefs for appellant.

David B. Goodhand, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, John R. Fisher, Elizabeth Trosman, and Barbara E. Kittay, Assistant U.S. Attorneys.

Before: GINSBURG, Chief Judge, and EDWARDS and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Brian Carr was convicted on five counts of bank robbery. Carr challenges his convictions and his sentence, arguing that the district court erred by: (1) failing to sever each count for a separate trial; (2) instructing the jury that the change in Carr's appearance before trial could be considered as evidence of his consciousness of guilt; and (3) making his 22-month sentence on one...

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