United States v. Jess Ross Safley, United States of America v. Augustus Butler

BUTZNER, Circuit Judge:

In these consolidated appeals Augustus Butler and Jesse Ross Safley seek reversals of their convictions under 18 U.S.C. § 2113(a) and (b) for bank robbery and theft. We affirm the judgments of the district court.

I

Several months before the trial, Butler moved for a severance because Safley had signed a confession that implicated Butler. Upon the government’s representation that it would not offer Safley’s confession in evidence, the district court denied the motion for severance. Faithful to his commitment, the district attorney did not refer to the confession or attempt…