U.S. v. WHITFIELD

No. 10-5217.

695 F.3d 288 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Larry WHITFIELD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 22, 2012.


Attorney(s) appearing for the Case

ARGUED: Thomas Norman Cochran , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Angela G. Parrott , Acting Executive Director, Matthew R. Segal , Allison Wexler , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina; Kevin A. Tate , Erin K. Taylor , Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON and Judge NIEMEYER joined.


OPINION

KING, Circuit Judge.

Larry Whitfield appeals his convictions and aggregate life-plus-sixty-month sentence in the Western District of North Carolina for his role in a botched bank robbery and a mid-escape home intrusion, which ended tragically in the death of an innocent elderly woman. Whitfield asserts four appellate contentions, only one of which has merit — that the district court erred in instructing the jury on an offense not charged in...

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