FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE [Hon. Nancy Torresen, Chief U.S. District Judge]
Jonathan M. Goodman, with whom Troubh Heisler, PA, was on
brief for appellant.
Renée M. Bunker, Assistant United States Attorney,
Appellate Chief, District of Maine, with whom Richard W.
Murphy, Acting United States Attorney, was on brief for
Lynch, Stahl, and Barron, Circuit Judges.
BARRON, Circuit Judge.
West was convicted of four federal offenses in connection
with his role in the commission of two bank robberies that
occurred in Maine. He received a prison sentence of 175
months. He now contends that all four convictions must be
vacated due to errors that the District Court made at trial,
although he only makes substantive arguments regarding two of
those convictions. We affirm.
November 30, 2016, in the United States District Court for
the District of Maine, West was convicted of two counts of
aiding and abetting bank robbery, in violation of 18 U.S.C.
§ 2113(a), (d), and two counts of conspiracy to commit
bank robbery, in violation of 18 U.S.C. §§ 371 and
2113(a). The four convictions stemmed from two separate
robberies, with West having been convicted of both aiding and
abetting bank robbery and conspiring to commit bank robbery
in connection with each of these robberies.
first of the robberies was of a credit union in Portland,
Maine on September 4, 2015. West allegedly acted as the
driver to and from that robbery. The other robbery was of a
TD Bank in Lewiston, Maine on September 12, 2015, where West
allegedly helped plan the robbery and, again, acted as the
driver to and from the robbery.
briefing on appeal, West only challenges rulings by the
District Court that pertain to his convictions for the
offenses relating to the TD Bank robbery. Accordingly, we
focus on his challenges to those two convictions, as he makes
no argument as to why the two convictions relating to the
robbery of the credit union may not stand.
begin with West's contention that these two convictions
must be vacated due to the District Court's admission --
over West's objection -- of an approximately 8-minute
portion of a 30-minute video that law enforcement took from
the perspective of the police officer who pulled in behind
West as he was driving a minivan roughly 30 minutes after the
TD Bank robbery had occurred. In its unredacted form, that
video runs from the point at which the police officer pulled
in behind the van all the way up through the point at which
the van came to a stop, West exited the van, and West
attempted to run away from the scene.
to trial, West had moved to exclude the entirety of the video
from being entered into evidence. West did so pursuant to
Federal Rule of Evidence 403, which provides that
"court[s] may exclude relevant evidence if its probative
value is substantially outweighed by a danger of . . . unfair
District Court orally granted in part and denied in part
West's motion. The District Court ordered that
significant portions of the video be "redact[ed]"
in order to ensure that the video would not provoke an
unfairly prejudicial "emotional response" from
jurors based on what the video showed -- namely West driving
at "dizzying speeds" through residential
neighborhoods, "zipping in and out" among cyclists
and pedestrians. But, the District Court determined, other
portions of the video could be shown to the jury -- namely
the portion that runs from the point in the video that shows
the police officer pulling in behind the van to the point in
the video that shows the van speeding off as well as the
portion of the video that runs from the ...