5/15/2014 |
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Judge: Jordan
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Areas of Law: Criminal Law
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Defendants Harrell and Dantzle appealed from their convictions
for conspiracy to commit robbery; two counts of robbery in violation of the
Hobbs Act, 18 U.S.C. 1951(a); and two counts of having used, carried, or
possessed a firearm in relation to the robberies in violation of 18 U.S.C.
924(c)(1)(A). The court concluded that Harrell met his burden in establishing
that the district court's violation of Rule 11(c)(1), by improperly
participating in the parties' plea negotiations, constituted reversible plain
error. The district court vacated the conviction and allowed Harrell to
withdraw his guilty plea on remand. The court also directed that the case be
reassigned. The court concluded that, although the district court abused its
discretion in allowing the government to present expert testimony from a
detective with respect to cell phones and cell towers, the testimony was
harmless because it did not affect Dantzle's substantial rights. The court
rejected Dantzle's remaining arguments. Accordingly, the court affirmed
Dantzle's convictions and sentence.
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