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United States v. Kord

decided: January 12, 1988.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DANIEL JOSEPH KORD, A/K/A DANIEL KIRKLAND AND DANIEL ALLEN, AND THOMAS DAVID MANGUM, A/K/A STEVE NEAL KIRBY, STEVEN NEAL KIRBY, ALLEN HAMBURGER AND THOMAS DAVID RILEY, DEFENDANTS-APPELLANTS



Appeals from the United States District Court for the Central District of Illinois. No. 85-10034-01--Michael M. Mihm, Judge.

Posner and Flaum, Circuit Judges, and Campbell, Senior District Judge.*fn*

Author: Campbell

CAMPBELL, Senior District Judge.

A jury convicted defendants/appellants Daniel Joseph Kord and Thomas David Mangum of robbery and armed robbery of a federally insured savings and loan in violation of 18 U.S.C. §§ 2113(a) and 2113(d), respectively. Sentences were entered only on the armed robbery convictions, robbery being a lesser included offense of armed robbery. Sentences of twenty years and twenty-five years incarceration were given to Kord and Mangum, respectively, on the armed robbery convictions. The jury also convicted Mangum of carrying a firearm during the commission of a crime of violence in violation of 18 U.S.C. § 924(c) and possession of a firearm by a convicted felon in violation of 18 U.S.C. App.II § 1202(a) (repealed). Mangum received a sentence of five years without parole for the carrying of a firearm during the commission of a crime of violence conviction. The sentence runs consecutively with his armed robbery sentence and concurrently with a two year sentence for the possession of a firearm by a convicted felon conviction. As set forth below, we affirm the judgment of the district court.

I.

On August 6, 1985, two masked men robbed the federally insured Citizens Savings and Loan Association of Eureka, Illinois at approximately 1:30 p.m. They stole $19,844 including "bait" money from the teller drawers. One of the men was armed with a shotgun. He wore a brown print shirt and a baseball cap with a spotted camouflage design imprinted upon it. His accomplice was shorter and wore a similar style shirt and a White Sox baseball cap.*fn1 The "Sox" cap and one nylon-stocking mask were dropped near the door of the savings and loan as the men fled the crime scene.

Ruthanne Edgeton, a savings consultant for the savings and loan, testified that after the two men left the building she observed an unmasked man as he ran past a drive-up teller window. She testified that the man she saw resembled defendant Kord.

Larry Fritz testified that he saw two men running through an alley near the savings and loan soon after the robbery was committed. Fritz was driving near the crime scene and observed the two men flee in a yellow automobile. He wrote down that the yellow vehicle's license plate number closely resembled GYI-2448.

Sergeant Shoemaker of the Eureka Police Department testified that at approximately 4:45 p.m. on August 6, he drove to the Enchanted Gardens Trailer Court and saw several people standing around two vehicles--a yellow car and another small brown foreign car. The yellow car's trunk was open. Shortly thereafter, the two vehicles left the trailer camp and Sergeant Shoemaker followed them as they drove southbound on Route 117.

Illinois State Police Trooper James Cooper was in uniform and driving an unmarked squad car when he observed both vehicles at an intersection on Route 117 at approximately 5:15 p.m. on August 6. They were only a few miles south of Eureka. Cooper observed the yellow car's license plate number was GYI-824. An individual, later identified as defendant Mangum, jumped out of the yellow vehicle and went up to the small brown car parked in front. Soon thereafter, Cooper followed both cars into a gas station.

Cooper made eye contact with defendant Kord, the driver of the small brown automobile. At that point, Kord began to drive out of the gas station, motioning toward the state trooper's direction as he passed defendant Mangum. Both vehicles left the gas station.

State and local law enforcement officers stopped the yellow automobile in which Mangum was a passenger at approximately 5:45 p.m. The car's owner and driver was Mangum's girlfriend Judy Sniff. Mangum consented to the search of the vehicle and the officers found: a shotgun; a shirt similar to the one described by witnesses in the savings and loan robbery; a camouflage spotted baseball cap; and $9,404 including "bait" money in the automobile's trunk. Gov't Br. at 6. Mangum also possessed on his person approximately $2,030 which included more "bait" money.

Subsequently, at 8:45 p.m. on August 6, law enforcement officers drove to Kord's residence in 'he Enchanted Gardens Trailer Court. Kord's wife signed a consent to search form and the officers searched the trailer and her small brown foreign automobile. Kord Br. at 14. The officers found approximately $6,870 which included "bait" money from the savings and loan robbery. This money was discovered in a small gray metal box in the Kord trailer. Cancelled checks and banking statements of Kord and his wife were also in the box.

Kord's neighbor, Adrien Gazelle, testified that on August 6, 1985 the Kords had three visitors, a couple and a little boy. Gazelle's twelve year old son testified that he saw Mangum leave with Kord in a yellow car between noon and 12:15 p.m. on August 6. The boy saw them return on foot two or three hours later and Mangum left shortly thereafter. Adrien Gazelle testified that both couples left the trailer park in their respective vehicles at approximately 4:30 p.m.

Gloria Patterson, an acquaintance of the Kord family, testified that she called the Kord residence on August 6 prior to the time of the savings and loan robbery. Mangum's girlfriend, Judy Sniff, answered the telephone.

After Mangum was taken into custody, FBI Agent Leuck interviewed him at the Woodford County Jail on August 6 at approximately 7:00 p.m. Agent Leuck introduced himself and told Mangum that he was under arrest for the robbery of the Citizens Savings and Loan Association of Eureka, Illinois which had occurred earlier that day. The defendant was asked if he could read, write and understand English. Mangum answered that he could do so. Mangum Br. at 8, 15. Agent Leuck then gave Mangum an Advice of Rights form to read. The ...


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