United States v. Alberto Torres Velasquez

Alberto Torres Velasquez appeals his jury conviction for attempted unarmed bank robbery. He requests that the conviction be reversed and remanded for a new trial, arguing that (1) the prosecutor was improperly allowed to ask defense character witnesses guilt-assuming hypothetical questions and (2) the “reasonable doubt” jury instruction given by the judge impermissibly lowered the prosecutor's burden of proof. We find these arguments without merit and we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 24, 1990, defendant/appellant Alberto Torres Velasquez (“Velasquez”) was arrested and charged with attempted armed bank robbery. A jury convicted Velasquez of the lesser offense of attempted unarmed bank robbery on June 28, 1991. The district court sentenced Velasquez to thirty-six -months in prison, giving him credit for three months of time served at a half-way house.

The basic facts of this case are undisputed. Prior to his arrest on August 24, 1990, Velasquez entered a bank covered with bandages and limping. Velasquez requested to speak to a bank employee in private. The bank manager took Velasquez to a conference room. Once in the conference room, Velasquez revealed a…