United States v. Cary Levon Seyfried

KERNER, Circuit Judge.

Appellant, Cary Levon Seyfried, was found guilty by a jury of armed bank robbery, by use of a dangerous weapon, in violation of 18 U.S.C. § 2113(d), and was sentenced to ten years in a federal penitentiary. The proof at trial showed that appellant Seyfried was never inside the bank during the robbery nor used a dangerous weapon, but that appellant Seyfried aided and abetted one Patrick Ralph Rizzo in the robbery by driving the getaway car. 1

The sole issue raised by Seyfried on appeal is that the trial judge, committed reversible error by refusing to allow into evidence…