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United Statesv.Demetrius Renaldo Bowers

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-11585
DecidedJanuary 22, 2016
Reporter811 F.3d 412
JudgesCircuit Judges Gerald B. Tjoflat and Patrick H. Hull, and District Judge J. Randal Hall (Southern District of Georgia, sitting by designation); Hall authored
Tags
CriminalCriminal ProcedureSentencingEighth AmendmentSeparation of PowersSufficiency of the EvidenceStatutory Interpretation
Case Summary

A jury convicted Demetrius Bowers of eight Hobbs Act armed robberies and eight related firearm offenses under section 924(c), for which the district court imposed a mandatory 182-year consecutive term. Bowers challenged denial of his motion to sever, the sufficiency of the identity evidence, and the constitutionality of the mandatory penalties under separation-of-powers, due-process, equal-protection, and Eighth Amendment principles. The Eleventh Circuit held that his untimely severance motion was forfeited and showed no plain error: the similar robbery counts were properly joined, and the jury instructions and record did not show compelling prejudice. It held that the eight robberies were sufficiently similar for a jury to find a common perpetrator and that the DNA, witness descriptions, cell-phone evidence, and other identity evidence together supported Bowers’s convictions. The court concluded that precedent foreclosed his constitutional challenges and that the 182-year firearm sentence was not grossly disproportionate; it affirmed the judgment of conviction and sentence.

Opinion

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