United States v. William Calvin Johnson

Reversed and remanded for a new trial by published opinion. Judge HAMILTON wrote the opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

*141OPINION

HAMILTON, Circuit Judge:

William Calvin Johnson (Johnson) appeals his convictions for armed credit union robbery, see 18 U.S.C.A. § 2113(a), (d) (West Supp.1995) and § 2 (West 1969), and using a firearm during and in relation to a crime of violence, see 18 U.S.C.A. § 924(e)(1) (West Supp.1995) and § 2. For reasons that follow, we reverse Johnson’s convictions and remand for a new trial.

I

On April 5, 1994, Johnson…