Tuesday, August 09, 2005

US v. Ware

No. 03-15609 (8-5-05). This was a bank robber case, where the testimony of the FDIC insurance (the jurisdictional hook) was presented by tellers stating that the bank was presently insured and that they had seen the certificate. The "present tense" has lead to reversals in other cases (see, e.g., Ali, 266 F.3d at 1244), but the span of time between the robberies and the trial were years (2 + to 4+ years) as opposed to the four months here. The interest in "present tense" of the FDIC certificate increases over time. Moreover, the tellers here saw the posted certificates. This combination of seeing the certificates and the short time defeats the sufficiency of evidence challenge.


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