United States v. Gray

COFFIN, Senior Circuit Judge.

Appellant Sean Gray was convicted by a jury on one count of bank robbery and sentenced to 71 months in prison. His sole claim on appeal is that the district court committed prejudicial error when it instructed the jury that its view of the robber’s escape route was not evidence in the case. Although we acknowledge that a jury view may at times be treated as evidence, we find no reversible error and therefore affirm appellant’s conviction.

I. Factual Background

The Community Bank and Trust in Exe-ter, New Hampshire, was robbed shortly after 1 p.m. on June 23, 1998.…