United States v. Joe Willie McLaurin United States of America v. Joe Willie McLaurin
Opinion
Opinion
Schroeder, J.
In these cross-appeals we confront the aftermath of a verdict from a jury that was not properly instructed on inconsistent charges as 'required by United States v. Gaddis, 424 U.S. 544 , 96 S.Ct. 1023 , 47 L.Ed.2d 222 (1976). Joe Willie MeLaurin was tried for bank robbery in violation of 18 U.S.C. § 2113 (a), and receipt of stolen bank funds in violation of subsection (c) of the same statute. The jury hung on the bank robbery charge and convicted MeLaurin of receiving stolen bank funds. The government appeals from the dismissal at retrial of the bank robbery charge. MeLaurin appeals from his sentence under the Sentencing Guidelines for receipt of stolen bank funds.
BACKGROUND
The bank robbery in issue occurred on November 30, 1993, when George Dean Singleton robbed the First Interstate Bank in Las Vegas, Nevada, of $2,348.00. The police tracked the signal transmitted from a beeper pack enclosed with the loot. The trail led to the Western Hotel where McLaurin was found with $2,113.00, and the beeper pack, in his pockets.
Immediately after his arrest, McLaurin made a voluntary statement in which he told detectives that he had seen a car speed past him and that he picked up a…