United States v. Caldwell, No. 18-13426 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit affirmed defendant's convictions for five armed bank robbery and firearm offenses. The court held that the district court did not clearly err in finding that a bank teller's identification was sufficiently reliable and in allowing the government to introduce her out-of-court show-up identification; the district court did not err in denying defendant's Federal Rule of Criminal Procedure 29 motion for judgment of acquittal on one count where a reasonable jury could find beyond a reasonable doubt that the BOA branch was FDIC-insured at the time of the 2016 robbery; and the district court did not abuse its discretion in denying defendant's Rule 33 motion for a new trial where, even without the DNA evidence, the jury had more than sufficient evidence that defendant robbed both the BOA and Noa branches.