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US v. Stewart, 08-4268

By FindLaw Staff on December 06, 2010 12:47 PM

Armed bank robbery conviction

US v. Stewart, 08-4268, concerned a challenge to the district court's conviction of defendant for armed bank robbery, imposition of a 60-month sentence followed by three years supervised release, and an order to pay $16,833 in restitution jointly and severally with his co-conspirators.

In affirming, the court held that, even if defendant did not waive his speedy-trial claim, his argument that the district court violated his speedy-trial rights when it granted the motion for a continuance filed by his attorney prior to the first trial is without merit.  The court also held that defendant has failed to meet his burden of showing that, based on the government's evidence, no rational juror could have found him guilty beyond a reasonable doubt.  Lastly, the court held that the district court's sentencing methodology was entirely appropriate and the court did not abuse its discretion by sentencing defendant to 25 years in prison on the armed-robbery count and to 35 years on one of the firearm counts.

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