21 F.3d 77 (5th Cir. 1994), 92-9083, United States v. Shannon

Docket Nº:92-9083.
Citation:21 F.3d 77
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Timothy Wayne SHANNON, Defendant-Appellant.
Case Date:May 04, 1994
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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21 F.3d 77 (5th Cir. 1994)

UNITED STATES of America, Plaintiff-Appellee,

v.

Timothy Wayne SHANNON, Defendant-Appellant.

No. 92-9083.

United States Court of Appeals, Fifth Circuit

May 4, 1994

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[Copyrighted Material Omitted]

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Timothy Crooks, Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Ft. Worth, TX, for appellant.

Joseph M. Revesz, Asst. U.S. Atty., Richard H. Stephens, U.S. Atty., Dallas, TX, for appellee.

Appeal from the United States District Court for the Northern District of Texas.

Before POLITZ, Chief Judge, GARWOOD, Circuit Judge, and PARKER [*], District Judge.

ROBERT M. PARKER, District Judge:

Timothy Wayne Shannon was convicted by a jury of armed bank robbery, using a firearm during and in relation to a federal crime of violence, and possession of a firearm by a convicted felon. He was sentenced to a total of 562 months in prison. Shannon appeals the conviction on four grounds: 1) evidence of the involvement of a firearm was not sufficient to support the convictions in counts 1, 2, and 3; 2) the district court abused its discretion in refusing to suppress evidence and statements from an allegedly unconstitutional, warrantless entry of a motel room; 3) the district court's statements to a venireman deprived him of an impartial jury; and 4) the district court abused its discretion in refusing to allow a collateral challenge to a prior state conviction at sentencing. We AFFIRM.

FACTS AND PROCEDURAL HISTORY

On January 24, 1992, Patrick Shannon, brother of Timothy Wayne Shannon (Shannon), purchased a Jennings .22 caliber semi-automatic pistol which Shannon admitted to stealing, and which the Government introduced at trial as Exhibit HG-1. On January 31, 1992, Shannon entered First Gilbralter Bank in Richardson, Texas, approached Johnnie Moore (Moore), a drive-thru window teller, demanded money and drew a gun. Moore described the gun as being short, silver and "like a cigarette lighter." Shannon then demanded the drawer contents from adjacent teller Rebecca Cruz (Cruz). Cruz later identified Shannon at trial as the bank robber, although she was unable to pick out Shannon from a spread of photos shown to her by the FBI, and testified that the bank robber had a gun that appeared to be or was the gun introduced by the Government as Exhibit HG-1. While Shannon was addressing Cruz, Moore prepared bait money with an exploding dye pack, pulling the clip which activated the bank's surveillance camera. Cruz also activated the camera. Shannon left the bank with approximately $3,100.00.

Shannon's probation officer, Elizabeth Epie, whom he visited on January 31, testified

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at trial that Shannon was the person photographed by the surveillance camera, and that he was wearing the same clothes she had seen him in at their visit. Randall Riley (Riley), an acquaintance of Shannon, also identified him as the person in the surveillance camera photographs.

Rene Pieper (Pieper) was driving near the First Gilbralter Bank when she observed a brown older model car with the engine running in an alley near the bank. The driver of the car was Charles Morse (Morse). Pieper testified that she saw Shannon run from the bank into the path of her car. Then she saw the brown car pull out with Shannon in the front passenger seat. She followed the car and wrote down the license plate numbers, returned to the bank, and reported what she saw to the police.

Morse testified that he took Shannon to Morse's house and later to Room 140 at a Days Inn in Garland, Texas, where they attempted to wash out the dye on the money with various chemicals. Morse did not see Shannon with a gun on January 31, but did see him in possession of a .22 semi-automatic pistol on a previous occasion, and that the pistol he saw was similar to the Government's Exhibit HG-1.

On February 5, 1992, FBI Agent Miles Burden filed a criminal complaint against Shannon, and an arrest warrant was issued charging Shannon with the January 31 robbery of First Gilbralter Bank.

On February 6, 1992, Shannon was driving around in his car with Riley when Shannon exited the car and entered the Lake Highlands Branch of Bank One in Dallas, Texas. He approached Susan Krempl, a teller at the drive-thru window and lobby window, showed her a silver gun and demanded money. Krempl gave him bait money containing a tracking device. She later identified Shannon as the robber and also identified the bait money list. Another teller activated the surveillance...

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