United States v. Leon Jack Hudson

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-1391 ___________ United States of America, * * Plaintiff - Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Leon Jack Hudson, also known * as Charles North, * [UNPUBLISHED] * Defendant - Appellant. *

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Submitted: June 10, 1997 Filed: June 13, 1997

Before MURPHY and HEANEY, Circuit Judges, and BOGUE,1 District Judge. ___________

PER CURIAM.

Leon Jack Hudson was found guilty by a jury of bank robbery under 18 U.S.C. § 2113(a) (1997) and sentenced to 84 months in prison. Hudson argues on appeal that the evidence was insufficient to show that he took property of the bank by "force,

1 The Honorable Andrew W. Bogue, United States District Judge for the District of South Dakota, sitting by designation. violence, or intimidation" and that the district court2 erred in applying a sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1 (1997) because he lied about his identity at his initial appearance. A thorough review of the record reveals that the evidence was sufficient to support the conviction under § 2113(a) and the enhancement was appropriate because Hudson's identity was a material fact. United States v. St. James, 38 F.3d 987, 988 (8th Cir. 1994). The judgment of the district court is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

2 The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.

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