UNITED STATES of America, Plaintiff-Appellee, v. Eural WILLS, II, Defendant-Appellant
Opinion
Opinion
Alarcon, J.
We must decide whether evidence that a witness is threatened with injury is sufficient to justify a delay in the disclosure of her identity. We hold that evidence that a witness’ safety is threatened constitutes good cause to grant an exception to the disclosure requirements of The Notice of Alibi Rule. Fed.R.Crim.P. 12.1.
Eural Wills, II seeks reversal of the judgment on several grounds. We reject each of these contentions and affirm the judgment. We vacate the five year concurrent sentence imposed by the court because of the jury’s finding that Wills used a gun during a crime of violence. This court has jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 .
I
In the early morning of October 15,1993, a masked robber dropped through the roof of the Martinez, California branch of the Bank of America. The robber was armed with a handgun. He carried a backpack. He communicated with an accomplice on the roof through a “walkie-talkie.”
Responding to the emergency call of a bank branch manager who had escaped from the bank, police officers arrived at the scene of the crime as the robbery was occurring. Upon learning from the accomplice on the roof of the arrival of the…