United States v. Thomas Elemy

CANBY, Circuit Judge.

Elemy was convicted of robbing four savings and loan associations. 18 U.S.C. § 2113(a), (d). On appeal, he contends that the trial court erred by admitting as substantive evidence the testimony of an FBI agent regarding an eyewitness’s out-of-court identification. He also asserts that there was not sufficient evidence to convict him. We find both contentions without merit and accordingly affirm the convictions.

The four bank robberies were committed during the summer of 1979. The first bank and the fourth bank were each robbed by a single robber wearing a plastic mask. The…