United States v. David Olon Harrington

A jury convicted David Olon Harrington of armed bank robbery in violation of 18 U.S.C. § 2113 (a), (d) (Count 1), carrying a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c)(1) (Count 2), and being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) (Count 3). The district court sentenced Harrington to consecutive sentences of 300 months on Count 1, 60 months on Count 2, and 27 months on Count 3. Harrington appeals his conviction and his sentence. We affirm in part, reverse in part, vacate Harrington’s sentence and remand for re-sentencing.

FACTS

On November 3, 1987, at approximately 4:30 p.m., a man wearing a nylon stocking over his face entered the Far West Federal Bank in Oregon and yelled at everyone not to move. The branch manager activated the bank’s alarm and surveillance cameras. During the robbery, the man brandished a gun in a threatening manner and pointed it at various tellers and customers. The man said the gun was a .357 magnum.

The man instructed the tellers to put all the money on the counter. One teller included “bait” bills in the money. After placing the money in a blue bag, the man ordered everyone to lie…