United States v. Spinney
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
Defendant-appellant Jeffrey W. Spinney challenges his convictions for aiding and abetting an armed bank robbery (count 2) and aiding and abetting the use of a firearm during and in relation to a crime of violence (count 3). 1 In our view, the two crimes, despite superficial similarities, require the application of dissimilar legal standards. Because the evidence amassed by the government falls between these stools, we affirm the first conviction but reverse the second.
I. BACKGROUND
We limn the pertinent facts in the light most favorable to the government, see United States…
2Cases cited31 opinions
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- Bourjaily v. United StatesSupreme Court of the United States · 1987
- Nye & Nissen v. United StatesSupreme Court of the United States · 1949
- United States v. Milton L. McCaskillCourt of Appeals for the Fourth Circuit · 1982
- United States v. Ruben Ortiz, A/K/A Ruben Ortiz De Jesus, United States of America v. Felix Nunez, A/K/A Felix Nunez MolinaCourt of Appeals for the First Circuit · 1992
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3Cited by153 opinions
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- United States v. Nelson-RodriguezCourt of Appeals for the First Circuit · 2003
- United States v. StaulaCourt of Appeals for the First Circuit · 1996
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