United States v. Vaughan, No. 10-3238 (10th Cir. 2011)
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Defendant-Appellant Albert Vaughan was convicted of one count of bank robbery and one count of use of a firearm during a crime of violence. His convictions arose from the robbery of the First Bank of Kansas in Salina, Kansas in 2004. At trial, over Defendant's objection, the district court allowed testimony concerning a prior bank robbery committed at the Bank of Colorado in Grand Junction, Colorado approximately two weeks earlier. The district court also admitted, again over Defendant's objection, an apology letter Defendant wrote after his arrest for the Salina robbery. Defendant appealed arguing both pieces of evidence were improperly admitted. Although the admission of the apology letter was error, the Tenth Circuit had "no grave doubt as to whether its admission had a substantial effect on the outcome of the trial." The Court affirmed the decision of the district court.
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