[DOWNLOAD] "United States v. Millar" by Ninth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Millar
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 10, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Appellant Dale Ray Millar was charged with one count of armed bank robbery and one count of the use of a firearm during a crime of violence. At trial, the court instructed the jury on the elements of each crime, using instructions provided by the prosecution and approved by the defense. During deliberations, the jury sent a note to the Judge, asking if they could convict Millar on a theory of aiding and abetting an armed bank robbery. The district court explained that there were two theories on which they could convict Millar: armed bank robbery or aiding and abetting armed bank robbery. The court told the jury to consider each theory. Both parties then agreed not to request a special verdict or change the instructions. The jury found Millar guilty on the charge of armed bank robbery, and not guilty on the charge of using a firearm during a crime of violence. At sentencing, the district court computed Millars sentence and applied a five-level increase because a firearm was brandished, displayed or possessed during the robbery. Millar appeals, challenging the jury instructions, the jurys verdict, and the five-level enhancement of his sentence. We affirm.
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