United States v. Evans, No. 17-2216 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for four offenses arising out of a bank robbery. The court held that the affidavit in support of search warrant was sufficient to establish probable cause to believe that he was the bank robber and that evidence would be found in his motel rooms; the district court did not plainly err in treating defendant's numerous letters to the court as complaints about his lack of access to the evidence rather than as motions for the appointment of new counsel; the district court did not plainly err by admitting an in-court identification by the driver of the van defendant attempted to carjack; the district court did not err by ruling that defendant forfeited his right to testify where defendant persisted in his view that he had the right to make irrelevant and highly inflammatory comments, despite multiple warnings that continuing to do so would cost him his right to testify; and the district court did not err in imposing a two-level enhancement for obstruction of justice.