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United States v. Watson

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ARGUED OCTOBER 22, 2007

Before KANNE, EVANS, and WILLIAMS, Circuit Judges.

These three defendants were convicted of robbing an armored car outside a Chicago bank. They shot a guard three times at point-blank range (thankfully, he survived) and made off with $400,000 in cash. One of them, Willie Watson, pleaded guilty to aiding and abetting Hobbs Act robbery, 18 U.S.C. §§ 1951, 1952; the other two, brothers Anthony and Tracy Redmond, went to trial and were found guilty of Hobbs Act robbery, conspiracy to commit the same, and using a firearm during and in relation to the robbery, id. § 924(c). On appeal Tracy Redmond argues that evidence was improperly admitted in violation of Federal Rule of Evidence 804(d)(3) and the Confrontation Clause of the Sixth Amendment, and Anthony Redmond argues that the indictment listed an impermissible theory of federal jurisdiction, tainting the jury’s verdict. The district court did not abuse its discretion in admitting the evidence, and even if it did, any error is harmless; and the chances of the indictment influencing the jury are negligible. We therefore affirm the judgment of the district court.

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