United States v. Fasano

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In the early afternoon of May 14, 2002 a lone robber entered the Citizens State Bank in Morton, Mississippi, handed the teller a note that said “Robbery. All 100s,” and departed with $6600. He wore a white hard hat, a work shirt and black sunglasses which he discarded near the bank where they were recovered by police within minutes of the robbery. Responding to the sobering impact of DNA upon criminal prosecutions, Congress passed the Innocence Protection Act of 2004. 1 The following year, a Mississippi jury found that Fasano robbed the bank, resulting…