Bank Robbery Conviction Upheld; Defendant Properly Found to Be a Career Offender

U.S. v. Ellis, -- F.3d --, 2008 WL 2004276 (10th Cir. 5/12/08) - the indictment was not inadequate to sustain bank robbery conviction for failure to charge aiding and abetting because it is not an independent crime. The bank robbery elements were properly alleged. With respect to sentencing, acceptance of responsibility reduction was properly denied as Mr. Ellis went to trial and contested underlying facts on guilt. Sentencing enhancements for aiding and abetting were properly applied at the same level as for the underlying bank robbery offense. Mr. Ellis was appropriately characterized as a career offender because his bank robbery conviction was for a violent offense and he had previously been convicted of robbery with firearms and escape from a penal institution, both of which the court concludes are crimes of violence. (It does note the cert. grant in Chambers).