United States v. Robinson

On April 8, 1997, Richard Robinson (defendant) entered Americana Bank in Anderson, Indiana, wearing an orange ski mask and holding a handgun and a Louis Vuitton duffle. He jumped over the teller counter and personally loaded the duffle with money before making a getaway in a blue Chevrolet Cavalier. Ten days later, on April 18, Robinson entered Harrington Bank in Fishers, Indiana, again wearing an orange ski mask and carrying a handgun and the Louis Vuitton duffle. He loaded his bag and then drove away in the Cavalier. A bank employee promptly reported Robinson’s license-plate number to the police, and a high-speed chase ensued. When eventually cornered, Robinson attempted to attack officers before being arrested. Police discovered the orange ski mask, the duffle, and money from the second robbery in Robinson’s car. Robinson pleaded guilty to the April 18 robbery. However, he went to trial on armed-robbery charges for the first robbery. At trial, the government sought to introduce evidence of Robinson’s guilty plea to the second robbery, specifically evidence of the similarities, the chase, and the items in Robinson’s car. Robinson objected, arguing that the evidence was offered to prove a propensity for criminal conduct in violation of Federal Rule of Evidence 404(b) (Rule 404(b)). The government countered that the evidence was offered to establish Robinson’s identity as the robber in the first robbery and to establish consciousness of guilt regarding that robbery. The district court admitted the evidence, and Robinson was convicted. Robinson appealed.