Byrd v. United States

FARRELL, Associate Judge:

A jury convicted appellant of felony murder, attempted armed robbery, and related weapons offenses. The convictions stemmed from the shooting death of Wesley Whiteing on September 28, 2001. The government’s theory, accepted by the jury, was that appellant either shot Whiteing himself or aided and abetted the shooting by William Mason during an attempt to rob the victim of a fashionable leather jacket. Mason pled guilty to manslaughter while armed for the shooting and testified against appellant at trial.

On appeal, the only point in dispute is whether the trial judge…