United States v. Whatley, No. 11-14151 (11th Cir. 2013)
Annotate this CaseDefendant appealed his conviction and sentence for the robbery of four banks in the greater Atlanta area during 2003 to 2006 and an attempt to rob another in 2007. The court concluded that, based on the recent decision of the Supreme Court in Perry v. New Hampshire, which required no preliminary examination for an identification not arranged by law enforcement officers, the admission of the in-court identifications of defendant did not violate his right to due process; the district court did not abuse its discretion when it admitted evidence of defendant's conviction for attempted bank robbery; the district court did not abuse its discretion when it denied defendant a new trial; but the district court erred when it applied the enhancement for abduction. Accordingly, the court affirmed defendant's convictions, vacated his sentence, and remanded for resentencing with instructions to apply the two level-enhancement for physical restraint instead of the four-level enhancement for abduction.
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