Jones

United States v. Jones

Good Law
56 F. App'x 416
United States Court of Appeals for the Ninth CircuitFebruary 20, 2003Nos. 01-50531, 01-50532, 02-50039; D.C. Nos. CR-00-00065-VAP-02, CR-00-00065-VAP-03, CR-00-00065-VAP-01California1,078 words

Opinion

Lead Opinion

MEMORANDUM *

I.

A federal grand jury returned an indictment charging appellants Roderick Hannah and Brian Jones with conspiracy to commit armed bank robbery, 18 U.S.C. § 371 , armed bank robbery, 18 U.S.C. § 2133 (a),(d), and using or carrying a firearm in relation to a crime of violence, 18 U.S.C. § 924 (c), and charging appellant Jeremy King with aiding and abetting bank robbery, 18 U.S.C. §§ 2113 (a), 2(a). Appellants chose to represent themselves at trial. A jury found Jones, King, and Hannah guilty on all counts, and they appeal. We affirm the judgment of the district court.

II.

Jones argues that the incriminating confession of his non-testifying co-defendant Hannah constitutes Bruton error. A defendant is deprived of his Sixth Amendment right of confrontation when a facially incriminating statement of a non-testifying co-defendant is introduced at their joint trial, even if the jury is instructed to consider the confession only against the co-defendant. Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968). Hannah’s incriminating remark that he “kn[ew] he shouldn’t be hanging out with these guys” made clear reference to Jones and King in an…

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