United States v. Harry Kenneth Campbell

Campbell appeals his conviction of armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d). Campbell contends that (1) his attorney’s actions during the trial, particularly his informing the court in the presence of the jury that Campbell was testifying against counsel’s advice denied him effective assistance of counsel and a fair trial, and (2) the government did not prove that the money taken from the bank was federally insured. We affirm.

BACKGROUND

On May 25, 1979 two men robbed the Fort Sutter Branch, Bank of America, of $3,362 which included a large number of bills marked for future identification. Campbell was found with twenty-one of the marked bills taken from the bank, and he was identified by five witnesses as one of the participants in the robbery. Two employees of the bank testified that the bank was insured by the Federal Deposit Insurance Corporation.

' During the trial, Campbell wished to testify against his counsel’s advice. When he insisted on testifying, his counsel informed the court, in the presence of the jury, that his client was taking the stand against his advice. Defense counsel did not object to questions the prosecutor asked Campbell on…