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U.S. v. KELLEY

No. 04-13002.

412 F.3d 1240 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Monterrio KELLEY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 16, 2005.

Attorney(s) appearing for the Case

Richard A. Rice, Jr., Amy Levin Weil, Atlanta, GA, for Plaintiff-Appellee.

David R. MacKusick, Stockbridge, GA, for Defendant-Appellant.

Before CARNES and PRYOR, Circuit Judges, and FORRESTER, District Judge.

PRYOR, Circuit Judge:

In this appeal from a conviction for bank robbery in violation of 18 U.S.C. § 2113(a), we must resolve whether there was sufficient evidence to support the conviction of Monterrio Kelley in three respects: (1) whether Kelley took money from the Bank of America by intimidation; (2) whether Kelley took money "from the person or presence of another"; and (3) whether Kelley was present at the robbery. Because the evidence at trial showed that...

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