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U.S. v. BURWELL

No. 06-3070.

690 F.3d 500 (2012)

UNITED STATES of America, Appellee v. Bryan BURWELL, also known as Bush, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2012.

Attorney(s) appearing for the Case

Robert S. Becker, appointed by the court, argued the cause and filed the briefs for appellant.

A.J. Kramer, Federal Public Defender, and Rosanna M. Taormina, Assistant Federal Public Defender, were on the brief of the Federal Public Defender as amicus curiae in support of appellant.

Paul F. Enzinna and Barry J. Pollack were on the brief of amicus curiae National Association of Criminal Defense Lawyers, Inc. in support of appellant.

Stratton C. Strand, Assistant U.S. Attorney, argued the cause for appellee. With him on the briefs were Ronald C. Machen Jr., U.S. Attorney, and Roy W. McLeese III, Daniel P. Butler, and Stephanie C. Brenowitz, Assistant U.S. Attorneys.

Dissenting opinion filed by Circuit Judge KAVANAUGH, with whom Circuit Judge TATEL joins.

BROWN, Circuit Judge:

Appellant Bryan Burwell was part of a crew of bank robbers that engaged in a violent crime spree across the D.C. Metro area. The crew employed decidedly old-school tactics, including subduing bystanders by brandishing AK-47s, pistol whipping a victim, and spraying a pursuing police car with bullets. After a lengthy jury trial and an appeal before a panel of this Court, only a single legal question remains: whether 18 U.S.C. § 924(c)(1)(B...

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