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092361P.pdf   08/12/2010  United States  v.  Gregg Allen Pickar
   U.S. Court of Appeals Case No:  09-2361
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Riley, Chief Judge, Author, with Bright and Wollman,
   Circuit Judges]
Criminal Case - conviction and sentence. Conviction for bank robbery is affirmed. Evidence was sufficient, witness testimony that bank was FDIC-insured was enough, government provided sufficient evidence of intimidation, jury instruction on intimidation was correct statement of the law, district court's questioning of witness did not affect fairness of the trial, the show-up identification was not unduly suggestive and evidence was reliable under the totality of circumstances. Sentence is vacated and remanded, as the district court erred in sentencing Pickar as a career offender.