01-3921 U.S. v. Rollins

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“Common threads in most, if not all, of the robberies included (1) the donning of thick, dark-framed glasses; (2) the wearing of a beige, three-quarter length down coat; (3) the ruse of asking seemingly innocuous customer questions before and during the robberies; (4) the use of a black and grey handgun placed calmly on the teller counter; (5) the commission of multiple crimes within a period of only a few months; and (6) similar descriptions that typically described the assailant as a medium to dark-complected African-American male, approximately 5’10” to 6’0″ tall, with a thin build and a narrow face. Moreover, the evidence of each individual crime was both substantial and consistent, with victim tellers from all five robberies positively identifying Rollins as the assailant. It is well settled that ‘prejudice requiring severance is not shown if evidence on the severed count[s] would be admissible in the trial of the remaining counts.’ United States v. Rogers, 475 F.2d 821, 828 (7th Cir. 1973); accord Quilling, 261 F.3d at 715; United States v. Windom, 19 F.3d 1190, 1198 (7th Cir. 1994). Because evidence of the four Chicago robberies would have been mutually admissible if the counts had been tried separately, the district court did not abuse its discretion by denying the motion to sever.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Hibbler, J., Cudahy, J.