No. 22-3659.

83 F.4th 1119 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Jacob Allen MONTEER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 17, 2023.

Amended: October 23, 2023.

Attorney(s) appearing for the Case

Brady D. Wimer , Hallsville, MO, for defendant-appellant.

David Wagner , Asst. U.S. Atty., Kansas City, MO ( Teresa A. Moore , U.S. Atty., on the brief), for plaintiff-appellee.

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.

Jacob Allen Monteer was charged in a five-count indictment with attempted bank robbery involving assault with a dangerous weapon (Count I); knowingly brandishing and using a pistol during and in relation to a crime of violence (Count II); knowingly discharging and using a pistol during and in relation to a crime of violence...

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