United States v. Courtney Butler (98-5552) and Julius Retic (98-5554)

CLAY, J., announced the judgment of the court and delivered an opinion, in which JONES and COLE, JJ., concurred except as to Part II.B.l. JONES, J. (pp. 849-52), delivered a separate opinion, in which COLE, J. concurred, which constitutes the opinion of the court on the issue addressed in Part II.B.l.

OPINION

CLAY, Circuit Judge.

Defendant Courtney Butler appeals from his judgment of conviction and sentence to 235 months of imprisonment for his commission of armed bank robbery in violation of 18 U.S.C. § 2113 and 18 U.S.C. § 2. Defendant Julius Retie appeals from his judgment of conviction and…