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U.S. v. SMITH

No. 14-1355.

771 F.3d 1060 (2014)

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

United States Court of Appeals, Eighth Circuit.

Filed: November 12, 2014.

Attorney(s) appearing for the Case

Bernard John Burns, III , AFPD, argued, Des Moines, IA, John P. Messina , AFPD, (on the brief), for Defendant-Appellant.

Marc Krickbaum , AUSA, argued, Des Moines, IA, Richard E. Rothrock , AUSA, (on the brief), Bluffs, IA, for Plaintiff-Appellee.

Before BENTON, MELLOY, and SHEPHERD, Circuit Judges.

BENTON, Circuit Judge.

A jury convicted Nathan Wayne Smith of bank robbery in violation of 18 U.S.C. § 2113(a). He appeals, claiming the district court1 committed constitutional error by allowing the jury to view a replay of video exhibits outside the presence of the defendant, and without notifying defense counsel. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

At about 9:30 am one June...

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