United States v. Davis, No. 12-2769 (7th Cir. 2013)
Annotate this CaseDavis was convicted of three Milwaukee-area bank robberies, 18 U.S.C. 2113(a). Four robberies were committed in a similar fashion and surveillance photos also suggested that the robberies had been committed by the same individual; images from the four robberies showed a male robber with similar facial features who sometimes wore the same clothes. He was acquitted of one count of robbery and of witness intimidation. The Seventh Circuit affirmed, rejecting an argument that the two witness intimidation counts should have been tried before a separate jury under Federal Rules of Criminal Procedure 8(a) and 14(a). Although the Seventh Circuit’s pattern jury instructions use the word “should,” in describing the government’s burden, substituting the word “must” in the place of “should” did not alter the jury instruction to Davis’s prejudice,
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