United States of America v. Eric L. Smith

United States Court of Appeals
For the Eighth Circuit
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No. 13-3520
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Eric L. Smith
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: April 18, 2014
Filed: April 29, 2014
[Unpublished]
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Before RILEY, Chief Judge, BENTON and KELLY, Circuit Judges.
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PER CURIAM.
A jury convicted Eric L. Smith of attempted armed bank robbery, in violation
of 18 U.S.C. § 2113(a), (d); use of a firearm during a crime of violence, in violation
of 18 U.S.C. § 924(c)(1)(A)(iii); and being a felon in possession of a firearm, in

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violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). The district court sentenced him to1
382 months in prison, followed by three years of supervised release.
Smith appeals, challenging the sufficiency of the evidence to support his
conviction. He specifically attacks the positive identification by a bank guard.
Viewing the evidence most favorably to the jury’s verdict, we conclude it is
sufficient. See United States v. Vega, 676 F.3d 708, 721 (8th Cir. 2012) (standard of
review). The judgment of the district court is affirmed. See 8th Cir. R. 47B.
The Honorable Beth Phillips, United States District Judge for the Western1
District of Missouri.
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