United States v. Whitehead

PER CURIAM: *

Jimmy Mark Edward Whitehead was prosecuted pursuant to 18 U.S.C. § 2113(a) for bank robbery, and pursuant to 18 U.S.C. § 924(c)(l)(A)(ii) for brandishing a firearm during a crime of violence. His first trial ended in mistrial; a jury found him guilty of both crimes in a second trial. On direct appeal, he argues that the district court erred by: (1) failing to dismiss at the conclusion of his first trial on double jeopardy grounds; (2) failing to suppress out-of-court and in-court identifications by two witnesses; (3) denying the defendant’s motion for judgment of an acquittal due…