United States v. Sterling, No. 12-12255 (11th Cir. 2013)Annotate this Case
Defendants Sterling and Brumfield appealed their convictions for armed bank robbery, use of a firearm during and in relation to a crime of violence, and possession of a firearm by a convicted felon. The court concluded that the district court's interpretation of Federal Rule of Criminal Procedure 43 was proper and that the district court did not err in proceeding without Sterling once his rights were explained to him. Accordingly, Sterling voluntarily and permissibly waived his right to be present at trial, and no error occurred. The court also concluded that the district court did not err in admitting evidence of defendants' prior conviction for robbing a bank together under Federal Rule of Evidence 404(b). Finally, there was sufficient evidence to convict Brumfield on all counts. Accordingly, the court affirmed the judgment of the district court.