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U.S. v. SMITH

No. 04-1771.

415 F.3d 682 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Virgil SMITH, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 2005.

Attorney(s) appearing for the Case

Dean R. Lanter (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellant.

Thomas N. O'Malley (argued), Indiana Federal Community Defenders, Inc., Fort Wayne, IN, for Defendant-Appellee.

Before RIPPLE, WOOD, and EVANS, Circuit Judges.

WOOD, Circuit Judge.

On December 9, 2002, Virgil Smith and a number of his associates decided to rob a bank. Before too long, he was caught, indicted, and convicted by a jury on one count of aiding and abetting an armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d) and 18 U.S.C. § 2, and one count of aiding and abetting in the use of a firearm, during and in relation to the bank robbery, in violation of 18 U.S.C. § 924(c) and 18 U.S.C. ...

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