United States v. Donyal Wesley
Court of Appeals for the Sixth Circuit
1Opinion of the CourtGuy, J., joined by Gibson, J.,
BATCHELDER, J. (p. 622 - 623), delivered a separate dissenting opinion.
AMENDED OPINION
RALPH B. GUY, Circuit Judge.
Defendant Donyal Wesley appeals his conviction and sentence on one count of attempted bank robbery in violation of 18 U.S.C. § 2113(a). Defendant argues that the evidence was factually and legally insufficient to support the conviction and that errors in the admission of evidence warrant a new trial. Relying on Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), defendant also contends that the imposition of a career-offender enhancement under U.S.S.G. §…
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