United States v. Peter Kevin Langan

263 F.3d 613, 57 Fed. R. Serv. 137, 2001 U.S. App. LEXIS 19271, 2001 WL 987347
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 30, 2001
Docket99-3146
StatusPublished
Cited by104 cases

This text of 263 F.3d 613 (United States v. Peter Kevin Langan) 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. Peter Kevin Langan, 263 F.3d 613, 57 Fed. R. Serv. 137, 2001 U.S. App. LEXIS 19271, 2001 WL 987347 (6th Cir. 2001).

Opinion

OPINION

GILMAN, Circuit Judge.

Peter Kevin Langan was convicted by a jury of robbing two banks, in violation of 18 U.S.C. § 2113, and of using firearms and a destructive device in committing the robberies, in violation of 18 U.S.C. § 924(c). In a separate trial concerning the circumstances of his arrest on unrelated charges, Langan was convicted of assaulting federal officers, in violation of 18 U.S.C. § 111, and of further firearms offenses. Langan’s convictions from both trials were consolidated for sentencing purposes and resulted in life imprisonment without the possibility of parole, plus 35 years.

On appeal, Langan claims that (1) the district court erred when it excluded a psychologist’s expert testimony on the reliability of eyewitness identification, (2) the evidence was insufficient to establish that the device left at one of the banks was a “destructive device,” and (3) none of his convictions under 18 U.S.C. § 924(c) should be considered a “second or subsequent” conviction that warrants a mandatory life sentence without parole. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

Langan, who used the alias “Commander Pedro,” led a small, white-supremacist group known as the Aryan Republican Army (“ARA”) and, at times, as the Midwestern Bank Bandits. In 1991, he and his childhood friend, Richard “Wild Bill” Guthrie, founded the ARA after attending a Christian Identity meeting. The ARA was a copycat, neo-Nazi group inspired by the book The Silent Brotherhood, which detailed the exploits of an underground guerrilla bank robbery gang known as “The Order.” In the mid-1990s, the ARA committed a number of bank robberies throughout the midwest to support their avowed purpose of committing terrorist acts against the United States government. A portion of the proceeds from the bank robberies was then funneled to similar neo-Nazi causes, while the remainder was used to finance future robberies. Before his trial, Langan informed a Pretrial *616 Services Officer that he had been a “self-employed revolutionary” with the goal of “overthrowing the government.”

In the fall of 1993, Langan went underground, breaking off all contact with his family and friends and staying in various motels. Langan, Guthrie, and an associate Shawn Kenny attempted to rob Society National Bank (“SNB”) in Springdale, Ohio during this period. Armed and wearing bulletproof vests, they drove to the bank. They brought with them disguises, a mock explosive device, and a police scanner. For reasons not made clear in the record, they abandoned their plans to rob the bank on the day in question.

On June 8, 1994, however, SNB was robbed shortly after it opened. The robbery was carried out by two armed gunmen wearing Richard Nixon and Ronald Reagan masks. One of the robbers ordered everyone to the floor and removed money from the teller drawers while the other gunman stood watch in the lobby of the bank. The robbers stole $11,890 in federally insured funds that were attached to a dye pack. A dye pack is a safety device that is disguised as an ordinary, unused pack of currency. Soon after it passes through the magnetic field of the bank’s doors, the dye pack is designed to explode, releasing red smoke, tear gas, and red dye.

While the robbers were driving away from SNB in a brown Chevy Citation, the dye pack exploded. The robbers threw some of the money out of the window as they fled the scene. They then abandoned the getaway car less than a block from the bank. The car was later discovered to be registered to “Ed McMahon,” one of Guthrie’s aliases. Inside the car, the police recovered a Mark-21 practice hand grenade, a $20 bill with red-dye stain, and a police scanner.

Later that month, Guthrie met with Kenny in Cincinnati and gave him approximately $200 to compensate him for his “earlier ventures,” including the aborted attempt to rob SNB in the fall of 1993. The money was stained with red dye. Guthrie informed Kenny that he and Lan-gan had been successful in robbing the bank on their second attempt, and that they had used a “takeover” command style as employed by “The Order” bandits in The Silent Brotherhood.

Four months later, on the morning of October 25, 1994, two masked men robbed the Columbus National Bank (“CNB”) soon after it opened. Guthrie had purchased a .22-caliber rifle in the Columbus area on the previous day. During the CNB robbery, the gunmen wore construction overalls, ski masks, hard hats, sunglasses, and gloves. The men ordered everyone to the' floor and shouted to one another using Spanish phrases such as “andale, andale” and “la bomba.” At Lan-gan’s trial, Kenny testified that this diversionary technique was used by the white supremacists in The Silent Brotherhood in an attempt to divert the attention of authorities by passing themselves off as Hispanic. One of the robbers remained in the lobby to control the customers while the other drew his gun and jumped over the counter to collect the money. As he was taking the money from the teller drawers, he removed his ski mask, hard hat, and sunglasses and left them on a teller counter. The robbers stole $3,400 in federally insured funds from the bank.

CNB’s assistant manager; Lisa Copley, later identified Langan as the robber. Copley testified at Langan’s trial that she had seen his face clearly for about three seconds as he progressed down the teller line. When he took off the disguise, Lan-gan was approximately four feet away from Copley, but he came within “touching distance” as he emptied the drawers. She saw him again when he returned to her *617 area after attempting to steal money from the drive-up window. Following the incident, Copley described the robber as a white male, in his mid-thirties, weighing 165 pounds, 5 feet 8 inches tall, clean-shaven with dark hair and a medium build.

After the gunmen exited CNB, a black lunchbox containing a plastic pipe covered with wires was discovered behind a counter. The bomb was left at the scene to sow confusion and further divert police attention. A bomb squad was called to the scene, and the bank was evacuated. Upon arrival at the bank, bomb squad personnel photographed the device and then used a Nutrex Disruptor water cannon to render the pipe bomb safe. The Disruptor separated the components of the bomb without detonation.

These components were sent to the FBI laboratory for analysis. Steven Burmeis-ter, an FBI toxicologist, conducted a chemical analysis on a powder sample from the device and concluded that it was composed of “nonperforated disk double-based smokeless powder” and a nonexplosive white powder consisting of calcium sulfate, calcium carbonate, silicon dioxide, and aluminum compounds. At Langan’s trial, Burmeister was qualified as an expert in forensic chemistry, specializing in the analysis of explosives and explosive residues in general, and pipe bombs in particular.

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263 F.3d 613, 57 Fed. R. Serv. 137, 2001 U.S. App. LEXIS 19271, 2001 WL 987347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-peter-kevin-langan-ca6-2001.