HOUSTON, Jan. 3, 2012 /PRNewswire/ -- The U.S. Court of Appeals for the Fifth Circuit reversed four convictions of "Scarecrow Bandit" Corey Duffey and his co-defendants, Duffey's appellate attorney announced today.
Seth Kretzer, of the Houston-based Law Offices of Seth Kretzer, said the appellate court overturned convictions for attempted robbery of banks in Fort Worth and in Garland, ruling that driving by the banks and entering the bank parking lots did not constitute the commission of crimes.
According to the Fifth Circuit ruling, "The government's counter-argument is without the slightest merit."
Duffey and four others were convicted in Dallas federal court in August 2009. Two others pleaded guilty. All were arrested in June 2008 after a foiled bank robbery in Garland, Texas. Duffey was sentenced January 2010.
The Fifth Circuit reversals included two robbery convictions and two firearms offenses appended to the attempt counts.
Kretzer said, "Our justice system requires fairness from beginning to end - even in notorious cases. No one supports criminality, but this ruling from the Fifth Circuit shows again that prosecutions and sentences must confirm to the law and the Constitution."
The appeals court ordered all defendants resentenced as soon as possible. Kretzer said each attempted robbery conviction was attached to a 25-year firearms sentence and the sentences should be reduced by decades.
Kretzer added, "We were disappointed our appeal on the Double Jeopardy argument was rejected by the Fifth Circuit, but we intend to seek an en banc hearing of the Fifth Circuit and, if necessary, then appeal to the U.S. Supreme Court."
The case is, "United States v. Duffey, et al.," Case No. 10-10103 in the U.S. Court of Appeals for the Fifth Circuit.
Contact: Seth Kretzer, Law Offices of Seth Kretzer in Houston, 713-775-3050, 512-689-6759, and seth@kretzerfirm.com.
SOURCE Law Offices of Seth Kretzer
