United States v. Donald Antonio Ragghianti

Ragghianti appeals from his conviction of bank robbery under 18 U.S.C. § 2113 (a). He argues, inter alia, that the district court erred in not granting his motion to be tried separately on the two counts on which he was indicted. We reverse and remand for a new trial.

Background

On October 18 and 22, 1974, banks were robbed in Portland, Oregon. On both occasions the robber was seen getting into a red Fiat sportscar. Shortly after the October 22 robbery, Ragghianti was arrested while driving such a car. He had been seen dropping off a passenger matching the description of the robber at an apartment under surveillance in relation to the October 18 robbery. When arrested, Ragghianti was in possession of a large amount of cash, including marked “bait money” taken in the October 22 heist. He was indicted by the grand jury on two counts charging violations of 18 U.S.C. § 2113 (a), one count for each of the robberies.

The district court ordered a joint trial on the two counts under F.R.Crim.P. 8(a) and denied Ragghianti’s motion for severance. The court also denied a motion for acquittal made following the Government’s presentation. Ragghianti presented no evidence, and the…