United States v. Henry, No. 14-1887 (6th Cir. 2015)
Annotate this CaseOn September 22, 2009, Henry and an unknown accomplice robbed a bank in Ypsilanti, Michigan. Their faces were covered, and they wore gloves. Clutching a BB gun, Henry jumped over the counter and demanded cash while his associate held a real firearm. The two took $4,382 and shed clothing as they escaped. On November 6, Henry and an unknown associate robbed an bank, with covered faces. Henry again jumped over the counter and demanded cash, while his compatriot held a weapon. Again, the two discarded clothing as they fled with $23,179. On October 21, 2010, two masked men robbed the same bank. One jumped the counter, while the other stood back and fired shots into the air. The counter-jumper wore gloves and a distinctive blue ski mask. The robbers shed clothing and the blue ski mask, as they escaped with $11,966. Police identified Henry as one of the robbers. He confessed to the first two robberies but not the third. He was convicted of three robberies and three firearms chargex, 18 U.S.C. 2113; 924(c), and sentenced to more than 60 years in prison. The Sixth Circuit reversed in part, finding that the prosecution failed to prove everything needed to pin the associate’s gun on Henry in the second and third robberies, but otherwise affirmed.
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