United States v. Howell, No. 20-5858 (6th Cir. 2021)
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Howell’s girlfriend, Thompson, testified for the government at Howell’s trial. Thompson had pleaded guilty to aiding and abetting Howell in the robbery of a bank in Finger, Tennessee, and aiding and abetting Howell in the attempted robbery of a bank in Reagan, Tennessee. Security cameras at each bank recorded the events and the video footage was shown to the jury. Howell was convicted of armed bank robbery, brandishing a firearm during the robbery, a separate attempted armed bank robbery, discharging a firearm during the attempted robbery, and being a felon in possession of a firearm.
The Sixth Circuit affirmed Howell’s convictions and 466-month sentence, rejecting arguments that the district court improperly: interfered with his right to testify; allowed the identification testimony of a bank teller; refused to bifurcate the felon-in-possession charge that was “vindictively added” 16 months after the initial indictment; applied the base offense level for attempted first-degree murder; and imposed a two-level offense enhancement because a victim was “physically restrained.” Although the possibility of being subject to impeachment by the use of a prior conviction on cross-examination may deter a defendant from taking the stand, that possibility does not amount to a constitutional violation. Any error in allowing the teller’s identification was harmless. The firearm charge was brought later because it was based on new evidence.
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