United States v. Smith

COLLIER, District Judge.

Appellants Robert Smith (“Smith”) and Christopher Hicks (“Hicks”) appeal their convictions and sentences for attempted bank robbery, 18 U.S.C. § 2113(a), (d); use of a dangerous weapon during a crime of violence, 18 U.S.C. § 924(c)(1)(A)®; and possession of a firearm by a felon, 18 U.S.C. § 922(g)(1). Smith and, by adoption, Hicks claim their convictions rest on insufficient evidence. Hicks raises five additional claims of error by the district court — constructive amendment of the indictment, improper admission of expert testimony, improper admission of photographic…