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U.S. v. FASANO

No. 08-60750.

577 F.3d 572 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Steve Michael FASANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised August 4, 2009.

Attorney(s) appearing for the Case

Richard Terrell Starrett, Asst. U.S. Atty. (argued), Jackson, MS, for U.S.

Michael Brian Slade (argued), Marisa Berenbaum Miller, Kirkland & Ellis, L.L.P., Steven A. Drizin, Northwestern University Sch. of Law, Law Sch. Ctr. Wrongful Conviction, Chicago, IL, Thomas J. Lowe, Jr., Jackson, MS, for Fasano.

Before HIGGINBOTHAM, SMITH and SOUTHWICK, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In the early afternoon of May 14, 2002 a lone robber entered the Citizens State Bank in Morton, Mississippi, handed the teller a note that said "Robbery. All 100s," and departed with $6600. He wore a white hard hat, a work shirt and black sunglasses which he discarded near the bank where they were recovered by police within minutes of the robbery. Responding to the sobering impact of DNA upon criminal prosecutions, Congress...

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