US v. Sanders
No. 03-50471 (8-31-05). When your luck is bad, it is bad. Okay, if you plan to rob a bank, and have a getaway car, it pays to make sure you have enough gas. Yes, the defendant here was with others, they robbed a bank, hopped into the car, took off, and then stopped to get gas, where they were spotted. The defendant then engaged in a series of conversations with a codefendant about his not testifying. The conversations took place via a vent: defendant was son one floor and the codefendant was on another floor. Was there a reason they were on different floors. Of course, the codefendant was cooperating. The communications were not hearsay because the voice through the vent could be identified as the defendant. The witness tampering conviction was affirmed. There was also sufficient evidence for the gun conviction (held by another codefendant) and that was affirmed, along with the bank conviction. The case is remanded under Ameline with a twist. The original judge had retired, so it goes back to a new judge on the so-called "limited remand" which in this case is a "modified limited remand". Got it? The modification is that the new judge has to decide whether he would possibly give a materially different sentence upon full review of the record and has to allow allocution.