United States v. Oceanus Perry

OPINION

GRIFFIN, Circuit Judge.

Defendant Oceanus Perry appeals his convictions and sentences for armed bank robbery, 18 U.S.C. §§ 2113(a) & (d), and use of a firearm during a crime of violence, 18 U.S.C. § 924(c). We affirm Perry’s convictions, and his sentence for use of a firearm, but remand for resentencing on his conviction for armed bank robbery.

I

At approximately 2:40 p.m. on December 4, 2001, defendant Oceanus Perry entered a National City Bank (“NCB”) branch in Columbus, Ohio. Carrying a black and tan “JanSport” type bookbag over his shoulder, Perry wore a black leather overcoat and a…