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U.S. v. BURWELL

Nos. 06-3070, 06-3071, 06-3073, 06-3077, 06-3083, 06-3084.

642 F.3d 1062 (2011)

UNITED STATES of America, Appellee v. Bryan BURWELL, Aaron Perkins, Malvin Palmer, Carlos Aguiar, Miguel Morrow, and Lionel Stoddard, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 2011.

Attorney(s) appearing for the Case

Robert S. Becker , appointed by the court, argued the issues Other-Crimes Evidence, Bias Cross-Examination Evidence, and Sufficiency of Machine-Gun Evidence. William Francis Xavier Becker , appointed by the court, argued the issue Motion to Sever. With them on the briefs were Mary E. Davis , Allen H. Orenberg , and David B. Smith , appointed by the court, A.J. Kramer , Federal Public Defender, and W. Gregory Spencer , Assistant Federal Public Defender.

Stratton C. Strand , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, Roy W. McLeese III , Daniel P. Butler , and Stephanie C. Brenowitz , Assistant U.S. Attorneys.

Before: HENDERSON, TATEL and BROWN, Circuit Judges.

Opinion for the Court by Circuit Judge BROWN.

BROWN, Circuit Judge:

The relatively routine legal questions presented by this appeal arise from quite an unusual set of facts. Appellants are modern-day bank robbers whose old-school tactics—more reminiscent of the brashness of John Dillinger than the subtlety of Willie Sutton—included subduing innocent bystanders with gratuitous gunplay, pistol whipping a victim, and peppering a pursuing police...

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