U.S. v. BELLEW

No. 03-40444.

369 F.3d 450 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Worley BELLEW, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 23, 2004.


Attorney(s) appearing for the Case

Milton Andrew Stover (argued), Plano, TX, for Plaintiff-Appellee.

Garland Don Cardwell (argued), Munson, Munson, Pierce & Cardwell, Sherman, TX, for Defendant-Appellant.

Before BENAVIDES, STEWART and DENNIS, Circuit Judges.


BENAVIDES, Circuit Judge:

In this direct criminal appeal, Bryan Worley Bellew, Appellant, challenges his conviction of attempted bank robbery under 18 U.S.C. § 2113(a) and of carrying a firearm during the attempted bank robbery under 18 U.S.C. § 924(c). For the reasons that follow, we reverse the district court and remand the case with instructions for the district court to enter a judgment of acquittal on both counts.

I. Background

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