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United States v. Ellis

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Before BRISCOE, SEYMOUR, and HARTZ, Circuit Judges.

Following a bench trial Tommy Lee Ellis was convicted in the United States District Court for the Western District of Oklahoma of committing a bank robbery on December 12, 2005. He was sentenced on October 24, 2006, to 210 months’ imprisonment. On appeal he raises three issues. First, he argues that there was insufficient evidence to convict him of bank robbery because he did not personally rob the bank and the indictment did not properly charge him with aiding and abetting. Second, he argues that his sentence was procedurally and substantively unreasonable. Third, he argues that the district court violated the Sixth Amendment when it enhanced his sentence under the United States Sentencing Guidelines based on facts it found by a preponderance of the evidence. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

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