United States v. Gordon Howard Lucas, Jr.

Lucas was convicted of robbing U.S. Bank, Guaranty Center Branch, on August 20, 1990. On appeal, Lucas alleges that evidence obtained during questioning by FBI agents shortly after his arrest was admitted at his trial in violation of his Fourth and Fifth Amendment rights. He also argues that the jury instructions given at trial were improper, and that the evidence was insufficient to support the bank robbery conviction.

The district court had jurisdiction pursuant to 18 U.S.C. § 3231 , and we have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court’s denial of Lucas’s Motion to Suppress on Fifth Amendment grounds. Consequently, we need not address Lucas’s claim that his motion to suppress should have been granted on Fourth Amendment grounds. The case will be remanded for a new trial without the illegally obtained evidence. We affirm the district court’s choice of jury instructions and its denial of Lucas’s Motion for Acquittal for insufficient evidence.

I.

On August 20, 1990, a man walked into U.S. Bank, Guaranty Center Branch and stepped up to one of the teller windows carrying some plastic shopping bags. He placed the bags on the teller counter along with a…