DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
013395P.pdf 08/22/2002 USA v. Justin Allee
U.S. Court of Appeals Case No: 01-3395
and No: 01-3535
District of Nebraska
Criminal Case - convictions for bank robbery, car jacking,
and firearms charges affirmed. District court did not abuse
its discretion in denying change of venue because length of
time between crime, co-defendant's plea and trial reduced
risk of presumed prejudice and the voir dire resulted in
an impartial jury; government's questioning at trial did
not constitute an impermissible comment on defendant's
silence; introduction of defendant's phone conversations
from jail was not an abuse of discretion. Government
cross-appeals district court's imposition of concurrent
sentences for firearms offenses. Statute requires consecutive
sentences and case is remanded for resentencing.