USA v. Bryan Burwell, No. 06-3071 (D.C. Cir. 2011)
Annotate this CaseAppellants appealed jury convictions of numerous crimes that arose from appellants' bank-robberies including subduing innocent bystanders with gratuitous gunplay, pistol whipping a victim, and peppering a pursuing police car with bullets. At issue was whether the admission of "other crimes" evidence was in error where the evidence was offered for an impermissible purpose and where its probative value outweighed its prejudicial effect. Also at issue was whether there was sufficient evidence to support one appellant's conviction under 18 U.S.C. 924(c)(1)(B)(ii) that he carried the AK-47 with two handles and even if the government satisfied its burden of proof as to this issue, the government failed to show he knew the gun was capable of firing automatically. The court held that there was no error in admitting evidence of appellants' commission of three carjackings, theft of forty cars, and use of false names, as well as marijuana cultivation and distribution, where the evidence was relevant to prove appellants' association and the probative value outweighed the potential for prejudice. The court also held that evidence of the "Silver Spring" carjacking did not amount to grave error and that the prejudice resulting from the carjacking was slight when compared to the evidence of the violence acts for which appellants were indicated. The court further held that it was reasonable for the jury to conclude that appellant carried a machinegun and that section 924(c) did not require proof that appellant knew the weapon was a machinegun. The court finally held that appellants' numerous other claims were without merit.
The court issued a subsequent related opinion or order on October 12, 2011.
The court issued a subsequent related opinion or order on August 3, 2012.
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