United States v. Donaldson

52 F. App'x 700
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 6, 2002
DocketNo. 01-2036
StatusPublished
Cited by1 cases

This text of 52 F. App'x 700 (United States v. Donaldson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Donaldson, 52 F. App'x 700 (6th Cir. 2002).

Opinion

I.

PER CURIAM.

On June 22, 2001, a jury returned a guilty verdict against Defendant Clarence Deneal Donaldson on charges of armed bank robbery of Citizens Bank in Saginaw, Michigan on December 5, 2000, in violation of 18 U.S.C. § 2113(d). The district court, however, granted Defendant’s Rule 29 motion for acquittal. The United States appeals the judgment of acquittal. We REVERSE.

II.

The Government introduced the following evidence at trial. Shortly before 1:00 p.m., on December 5, 2000, an African-American male entered the Gratiot Road branch of the Citizens Bank in Saginaw, Michigan, and approached the teller window of Dawn Perez. Perez was sorting and counting money in her second drawer at the time.1 Perez stated that she organized money from small bills to large bills, that each denomination is strapped, and that the money is always kept in order. Perez also stated that although the bank does not normally deal with $2 bills, she [701]*701had some on hand in her second drawer on December 5.

Perez stated that the man wore dark clothing, and had an orange mask over his face. He was wearing a hat and gloves. Perez testified that the man threw a duffel bag at her and jumped over the counter. The robber began helping himself to the currency in Perez’s second drawer. She took a step toward him, and he turned his knife toward her and said “get back or I will cut you.” Perez stepped back as far as she could and put her hands in the air. The robber continued to fill the bag, then jumped back over the counter and left. He escaped with $8,553 in U.S. currency, including the $2 bills. None of the currency was “bait” money.

The only other teller on duty at the time was JoAnne Glaser. She was seated at a desk in the lobby, assisting bank customer Nancy Koepke. Glaser was on the telephone when she noticed a “commotion” to her right at Perez’s teller window. Glaser testified that she saw a man “on top of the counter going over the counter,” and then grabbing money and putting it into a bag. She stood up, exclaimed “Oh, my God, we’re being robbed;” and put the phone by her side. As she continued to watch, Glaser saw the robber turn towards Perez, and then saw Perez back up, and put her hands up. Glaser said that Perez had a “very pale blank scared look on her face.” Glaser testified that when the robber had finished, he came back over the counter. Glaser had another client in the safety deposit box room walk out at this moment. Glaser turned toward the woman to tell her to stop. When Glaser turned back, the robber was gone. Glaser stated that she had seen a blade in the man’s hand and observed that he was a black male of average height, wearing gloves, black clothing, and an orange muffler.

Nancy Koepke, the customer Glaser had been assisting at her desk, also testified. She stated that there was some commotion, and that when she turned, she saw a person jumping over the counter. Koepke also saw the robber going through the money drawer. Koepke got up, walked around a corner into an empty office, and hid under a desk until the robbery was over. She noticed that the robber wore dark clothing, including on his head. She did not recall seeing a duffel bag or a knife.

After the robber left, Perez locked the bank door and hit the panic alarm. Glaser hung up the phone and called 911. A police cruiser arrived within two minutes. The 911 dispatcher told Glaser that the police had already received another call with a description matching the one she had given.

Frank Ortega, the man who made that call, testified. Ortega’s residence at 1010 S. Granger is two blocks from the Citizens Bank on Gratiot. Ortega was home with his two-year old daughter, talking on the telephone at about 1:00 p.m. on December 5, 2000, when he saw a black male walk by the front of his house on Granger in the direction of the bank. Granger stated that the man was wearing dark clothing, a hood with a hat on underneath, an orange mask, and boots, and he was carrying a green bag. Ortega said he appeared to be over six feet tall and thin.

A few minutes later, still on the phone with his friend, Ortega saw the same man walking swiftly by his house in the opposite direction. Ortega grabbed his daughter and put her in a room and picked up his shotgun. He then went to his back door and observed that the man, still carrying a bag had cut through his driveway. Ortega saw the man jump the fence in his neighbor’s back yard. Ortega put his friend on hold and called 911. Ortega stated that the police arrived within 90 seconds.

[702]*702Detectives Garabelli and Yancer, with the Saginaw County Sheriffs Office, were roughly three blocks away from the bank when they were dispatched to Ortega’s address. They arrived within several minutes. Garabelli testified that there was fresh snow, so the officers were able to follow a single set of footprints that proceeded up the driveway in an easterly direction from the front of Ortega’s house into a back yard. Garabelli stated that he and Yancer followed the footprints to a chicken wire fence that was partially down, and over the fence across the adjoining back yard toward a garage. The officers kept six to eight feet to the side of the foot trail to avoid contamination. The trail led to the side door of an unattached garage located toward the rear of the residential property, 1009 S. Webster, which was Defendant’s house. The garage door was open. Garabelli testified that he opened the exterior back door and saw another fresh footprint on the threshold leading into the house. The interior door was locked, however, and the house was dark. Garabelli listened for activity in the house, but did not hear or see anything. Garabelli stated that he saw another set of tracks that led from the rear door to the area in front of Ortega’s house. Yancer and Garabelli followed these tracks and met up with a Saginaw City police officer and dog handler Joaquin Guerrero.

Officer Guerrero is a canine handler for the Saginaw City Police Department. Guerrero testified that he was off duty and at home at 1:00 p.m. when he received a call requesting that he proceed to the Citizens Bank on December 5, 2000. He arrived at the bank within five to ten minutes. At the bank parking lot, Guerrero’s dog Rookie began tracking. The dog led Guerrero south from the bank on Granger in the direction of Ortega’s house. Guerrero testified that he met up with Garabelli and Yancer near Ortega’s residence, and that they pointed out a single set of fresh footprints leading between the Ortega and Marcoux homes.

Garabelli explained that Rookie followed the single set of footprints between the houses and over a short fence. The tracks continued on the other side of the fence through a backyard toward the driveway of 1009 S. Webster, Defendant’s residence. Guerrero testified that Defendant was standing in the driveway holding a shovel. Guerrero asked Defendant if anybody had come through the area or left the house. Defendant said no. Guerrero then noticed another set of foot tracks that led away from the back door of 1009 S. Webster. Guerrero and Rookie followed those tracks south to Saginaw Street, up to Bullock, back up to Granger, and then back to the bank, where the trail became too contaminated to follow.

Pamela Marcoux, Ortega’s next door neighbor, also testified. She was home baking cookies with a friend on December 5, 2000, around 1:00 p.m., when she saw a man walking up the road.

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Related

Donaldson v. United States
538 U.S. 967 (Supreme Court, 2003)

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Bluebook (online)
52 F. App'x 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-donaldson-ca6-2002.