United States v. Jerald Lee Sims

After a jury trial, Sims was convicted of one count of bank robbery. On appeal, Sims challenges: (1) the sufficiency of the evidence; (2) an eyewitness identification; (3) the failure to appoint an expert witness; (4) the failure to admit an FBI report; and (5) the admission of evidence relating to his failure to return to a halfway house”. We find no error justifying reversal and affirm his conviction.

I. BACKGROUND

On the afternoon of December 21, 1978, two men robbed the Lombard Branch of the Lincoln Savings & Loan Association. The only people in the bank when the robbers entered were Marilyn Endicott, the bank’s supervisor, and an elderly gentleman named Romansky, who was a customer. The robbers pushed Romansky against the counter and then ordered him onto the floor. Endi-cott was also ordered to the floor, and while going down she pushed the alarm button. Endicott was then ordered to get up and open the cash drawer. After one of the robbers removed the bills from the drawer, they both left the bank.

The robbers wore stocking caps over their heads and scarves pulled up around their mouths. After the robbery, Endicott described one of the robbers as having a slight build and…