United States v. Shea
Case Date: 07/27/1998
Court: United States Court of Appeals
Docket No: 97-1069
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For the First Circuit ____________________ No. 97-1069 UNITED STATES, Appellee, v. ANTHONY M. SHEA, Defendant, Appellant. ____________________ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Douglas P. Woodlock, U.S. District Judge] ____________________ Before Torruella, Chief Judge, Aldrich, Senior Circuit Judge, and Boudin, Circuit Judge. _____________________ David H. Mirsky, by appointment of the Court, for appellant. Ben T. Clements, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief for appellee. ____________________ July 24, 1998 ____________________ TORRUELLA, Chief Judge. Defendant Anthony M. Shea appeals his four-count conviction stemming from an attempted bank robbery involving two other co-defendants, John Schurko and Nicolas DiMartino. Schurko had pled guilty prior to trial, and Shea and DiMartino were tried together and convicted on all counts before a jury. Shea was sentenced to 382 months of imprisonment. Shea challenges the district court's denial of his motion to suppress several statements he made after his arrest and of his motion for discovery of any rewards provided to FBI agents who were assigned to investigate him. He also claims that the district court erred in its jury instructions regarding 18 U.S.C. 924(c), which prohibits the use and carrying of firearms during a crime of violence, and contests the sufficiency of the indictment for the 924(c) count. Finally, the defendant argues that the government is precluded from asserting that he used and carried a certain semiautomatic weapon which the government had previously attributed to his co-defendant Schurko. We affirm. I. BACKGROUND On an appeal from a criminal conviction, we summarize the facts in the light most favorable to the jury's verdict. See United States v. Gonz |