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U.S. v. SMITH

No. 07-4045.

576 F.3d 681 (2009)

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

United States Court of Appeals, Seventh Circuit.

Decided August 11, 2009.

Attorney(s) appearing for the Case

Lesley J. Miller Lowery, Attorney (argued), Office of the United States Attorney, Fort Wayne, IN, for Plaintiff-Appellee.

Michael S. Heffernan, Attorney (argued), Foley & Lardner, Madison, WI, for Defendant-Appellant.

Before POSNER and SYKES, Circuit Judges, and DOW, District Judge.

DOW, District Judge.

On December 9, 2002, Virgil Smith and four other individuals took part in a bank robbery in Fort Wayne, Indiana. Smith ultimately was convicted on two counts: (i) armed bank robbery in violation of 18 U.S.C. §§ 2113(a), (d), and aiding and abetting that same bank robbery in violation of 18 U.S.C. § 2; and (ii) using a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c), and aiding and abetting...

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