United States v. Eric Smith, No. 13-3520 (8th Cir. 2014)
Annotate this CaseCourt Description: Criminal case - Criminal law. Evidence was sufficient to support defendant's conviction for attempted bank robbery and firearms offenses. [ April 28, 2014
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3520 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Eric L. Smith lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: April 18, 2014 Filed: April 29, 2014 [Unpublished] ____________ Before RILEY, Chief Judge, BENTON and KELLY, Circuit Judges. ____________ PER CURIAM. A jury convicted Eric L. Smith of attempted armed bank robbery, in violation of 18 U.S.C. § 2113(a), (d); use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(iii); and being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). The district court1 sentenced him to 382 months in prison, followed by three years of supervised release. Smith appeals, challenging the sufficiency of the evidence to support his conviction. He specifically attacks the positive identification by a bank guard. Viewing the evidence most favorably to the jury s verdict, we conclude it is sufficient. See United States v. Vega, 676 F.3d 708, 721 (8th Cir. 2012) (standard of review). The judgment of the district court is affirmed. See 8th Cir. R. 47B. 1 The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. -2-
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