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.
091330P.pdf 05/14/2010 United States v. James Stenger
U.S. Court of Appeals Case No: 09-1330
and No: 09-1499
and No: 09-1694
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and John
R. Gibson, Circuit Judge]
Criminal case - criminal law and sentencing. Government's frank
admission that it would file a three-strikes notice if plea negotiations
failed is the kind of candid disclosure that is permissible in plea
negotiations, and the subsequent decision to file the notice did not
constitute vindictive prosecution; no error in admitting evidence of other
bak robberies as the other robberies were similar to the charged crime and
the evidence was relevant to identity; challenges to admission of
testimony from cooperating witnesses rejected; evidence was sufficient to
support defendants' conviction for bank robbery and use of a firearm
during a crime of violence; on the government's cross-appeal of
defendant Stenger's sentence, the district court did not commit plain error
in setting the sentence.