United States v. White
639 F.3d 331
| 7th Cir. | 2011Background
- White robbed a U.S. Bank in Rockford, IL, by slipping a note demanding money and implying a weapon; $18,582 was taken.
- White’s sister Shenay and ex-girlfriend Saylor testified that the man in the bank surveillance photo was White.
- A handwritten demand note recovered from White’s rental car matched the teller’s description of the note; other physical items connected to the robbery were found (coat, boots, jeans, stocking cap).
- White’s defense theory posited Uncle Bill as the robber and White contested the identification and notes at trial.
- The district court used the recovered note to enhance White’s sentence under 2B3.1(b)(2)(F) for a threat of death during the robbery; White appealed these rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of lay identifications | White identified as the robber; Shenay and Saylor identification admissible as lay opinion. | Identification invades jury function and lacks basis. | Admissible lay opinion identifications under Rule 701. |
| Authentication/hearsay of the demand note | Note properly authenticated as recovered from White’s car; not hearsay for purpose here. | Note not authenticated as the exact note used; hearsay and prejudice concerns. | Note properly authenticated; not hearsay for sentencing and probative value outweighed prejudice. |
| Sentencing enhancement based on the note | Recovered note showed weapon and supported threat-of-death enhancement. | Authentication and evidentiary bases inadequate for enhancement. | Court did not err in applying the enhancement; evidence reasonably supported threat-of-death finding. |
Key Cases Cited
- United States v. Jackson, 689 F.2d 1121 (7th Cir. 1982) (lay identifications from surveillance photos admissible; jury decides credibility)
- United States v. Towns, 913 F.2d 434 (7th Cir. 1990) (lay identity testimony from ex-girlfriend admissible when helpful to jury)
- United States v. Stormer, 938 F.2d 759 (7th Cir. 1991) (admission of lay identity testimony permissible under similar rationale)
- United States v. Bursey, 85 F.3d 293 (7th Cir. 1996) (hearsay considerations in evidentiary analysis)
- United States v. Morris, 76 F.3d 171 (7th Cir. 1996) (sentencing evidence not bound by rules of evidence; focus on reliability)
- United States v. Carbaugh, 141 F.3d 791 (7th Cir. 1998) (scope of 2B3.1(b)(2)(F) enhancement in robbery cases)
- United States v. De Gudino, 722 F.2d 1351 (7th Cir. 1983) (authentication paradigms for notes or documents)