United States v. Freddie Lee Abraham, United States of America v. David Lee Huguley

David Lee Huguley (“Huguley”) and Freddie Lee Abraham (“Abraham”) appeal from their convictions for armed bank robbery in violation of 18 U.S.C. § 2113 (d). We affirm the conviction of Huguley and vacate the conviction of Abraham.

On the afternoon of April 23, 1979, two men, one of whom was armed, robbed $918 from the North Lombard Branch of the Lincoln Savings and Loan Association (“the bank”) in Portland, Oregon. On April 25, 1979, a grand jury indicted Huguley and Abraham in a one-count indictment, charging them with armed bank robbery in violation of 18 U.S.C. § 2113 (d). Both defendants pleaded not guilty and were convicted following a jury trial.

A teller from the bank testified that at approximately 1:15 P.M. on April 23, 1979, two black men, one carrying a long-barreled revolver and wearing a nylon stocking cap over his face and the other wearing a gray mask, robbed the bank. The branch supervisor of the bank testified that the two robbers, one carrying a long-barreled revolver and the other wearing an orange sweatshirt, left the bank through a back door, went through a parking lot, crossed Vincent Street and went between two houses on the far side of Vincent Street. A…