Record contained sufficient evidence to support defendant’s conviction on charge of brandishing firearm in relation to crime of violence in violation of 18 USC section 924(c)(1)(A) during armed robbery of bank, even though defendant had claimed that he never carried firearm during said bank robbery. While jury heard conflicting testimony on issue, jury could properly believe bank customer who stated that each robber carried firearm. Fact that govt. used testimony of other robber regarding different issues did not require that govt. or jury accept said robber’s testimony that defendant did not carry firearm during robbery. Moreover, Dist. Ct. did not commit clear error in admitting testimony of non-expert FBI agent regarding locations of defendant’s cell phone on day before and after robbery, where: (1) defendant did not object to said testimony; and (2) any failure to object could have been part of trial strategy on defense counsel’s part to avoid having to confront stronger witness who authored cell phone report.
Federal 7th Circuit Court
Criminal Court
Reasonable Doubt