United States v. Shaw, No. 13-3050 (10th Cir. 2014)Annotate this Case
Defendant Charles Shaw was convicted of robbing a bank and two credit unions, attempting to commit a second robbery at one of the credit unions, and committing four related firearms offenses. He was acquitted on a charge of robbing a second bank. On appeal he argued: (1) the jury could not be impartial because it learned of an improper gesture he made to a member of the jury panel during jury selection; (2) the district court erred in admitting a confession of a codefendant who had been convicted at an earlier trial; (3) the court also erred in admitting evidence of an uncharged bank robbery; and (4) the court at sentencing, rather than the jury, found that he had been previously convicted of a firearms offense. Finding no reversible error, the Tenth Circuit affirmed.