United States v. Sammie Everett Gardner

HILL, Circuit Judge.

Gardner appeals from a jury conviction and sentence of taking, by force and violence or by intimidation, the money of a federally insured bank, in violation of 18 U.S.C. § 2113(a). On appeal he asserts numerous errors from the time of his arrest through the imposition of sentence.

On the afternoon of May 8, 1972, a teller at the Twentieth South branch of the First Security Bank of Utah was approached by a man with a magazine folded over a small pistol and a paper sack. The teller, complying with the man’s order, filled the sack with $1,271 from her cash drawer. The man then…