U.S. v. SIMMONS

No. 08-3603.

599 F.3d 777 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. David SIMMONS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 30, 2010.


Attorney(s) appearing for the Case

Rachel Leahy (argued), Seth M. Lahn, Indiana University School of Law, Bloomington, IN, for Defendant-Appellant.

Joseph H. Hartzler (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.

Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.


ROVNER, Circuit Judge.

On September 14, 2007, a bank in Normal, Illinois, was robbed of approximately $5,862 by two gunmen. David Simmons was arrested that day for the crime, and a jury found him guilty of armed bank robbery under 18 U.S.C. § 2113(a) & (d), and of using or carrying a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A). Simmons has appealed that conviction to this court.

The robbery of the U.S. Bank in...

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