United States v. Davis, No. 13-40612 (5th Cir. 2014)
Annotate this CaseDefendant challenged his conviction and sentence for passing an altered obligation of the United States with intent to defraud. Defendant attempted to pass a forged $100 bill at a Dollar Tree. The court concluded that the evidence was sufficient to support a finding that the Government's exhibit 2 was the bill that was passed to the Dollar Tree and, therefore, the district court did not err in admitting the counterfeit bill into evidence; the district court did not plainly err regarding the in-court identifications of the witnesses at trial; there was no plain error because defendant was handcuffed during the testimony of a witness; the district court properly imposed a two-level enhancement under U.S.S.G. 2B5.1(b)(2)(A) for manufacturing or producing counterfeit obligation or possessing or having custody of or control over a counterfeiting device or materials; and challenges to his indictment and sentence as violating the rule set forth in Alleyne v. United States were rejected. Accordingly, the court affirmed the judgment of the district court.
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