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No. 06-4158
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham.
Frank W. Bullock, Jr.,
Senior District Judge. (1:05-cr-00118-FWB; 1:05-cr-00119-FWB)
Submitted:
Decided:
PER CURIAM:
Cordell Berry was convicted by a jury of two counts of
bank robbery, two counts of armed bank robbery, and two counts of
brandishing a firearm during the commission of a crime of violence,
in violation of 18 U.S.C. 924(c)(1)(A)(ii); 2113(a), (d) (2000).
Berry was sentenced to a total term of 646 months imprisonment.
Finding no error, we affirm.
On appeal, Berry contends the district court erred in
denying his motion to suppress.
hearing.
this
courts
province
to
second-guess
the
As it is
credibility
from
established.
the
facts
proven
to
those
sought
to
be
Cir. 1982).
The evidence presented at trial established that an
individual, disguised in a hooded sweatshirt, mask, sunglasses, and
gloves,
robbed
at
gunpoint
two
federally
insured
banks
in
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He
did not conclusively establish that Berry had worn the clothing, he
was not excluded as a contributor.
He was
likewise seen later on that same day with purple stuff on his
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tellers that a dye pack had been placed in the money given to the
robber during the second robbery.
AFFIRMED
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