Conviction and sentence for robbery and using a firearm in connection with those crimes is affirmed where: 1) the court did not abuse its discretion in denying defendant’s severance motion as defendant failed to establish that holding a single trial caused him actual prejudice; 2) the court did not abuse its discretion via the admission of an audiotape as the conversation on the audiotape was relevant and its probative value was not substantially outweighed by the danger of unfair prejudice; 3) the evidence was sufficient to support the conviction; and 4) the court’s below-guidelines concurrent sentences on each of the robbery counts was not unreasonable, particularly considering the violent nature of the robberies and defendant’s pivotal role.
Read US v. Calabrese, No. 08-2861
Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued: May 28, 2009Decided: July 14, 2009
JudgesBefore EVANS, WILLIAMS, and TINDER, Circuit Judges.Opinion by EVANS, Circuit Judge.
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