United States v. Joseph Oglesby, 764 F.2d 1273 (7th Cir. 1985). · Go Syfert
United States v. Joseph Oglesby, 764 F.2d 1273 (7th Cir. 1985). Cases Citing This Book View Copy Cite
101 citation events (34 in the last 25 years) across 14 distinct courts.
Strongest positive: Carol Norman Drew, III v. Commonwealth of Virginia (vactapp, 2011-02-08)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Carol Norman Drew, III v. Commonwealth of Virginia
Va. Ct. App. · 2011 · quote attribution · 1 verbatim quote · confidence high
a trial involving a pro se defendant and co-defendants who are assisted by counsel is not prejudicial per se.
cited Cited as authority (rule) State Of Washington, V. Jerry George Wood, Jr.
Wash. Ct. App. · 2021 · confidence medium
App. 160 , 180, 231 P.3d 231 (2010) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)).
cited Cited as authority (rule) State Of Washington v. Alexander J. Kitt
Wash. Ct. App. · 2019 · confidence medium
App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)).
examined Cited as authority (rule) United States v. Jannette Faria (5×) also: Cited "see"
7th Cir. · 2017 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1275-76 (7th Cir. 1985). “[Wjhether a trial of two defendants tried simultaneously infringes upon a defendant’s right to a fair trial depends on whether it is within the jury’s capacity ... to follow admonitory instructions and to keep separate, collate and appraise the evidence relevant only to each defendant.” Id. at 1276 (citation omitted).
cited Cited as authority (rule) State Of Washington, V Justin Moses And Aimee Moses
Wash. Ct. App. · 2016 · confidence medium
App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)).
discussed Cited as authority (rule) Commonwealth of Kentucky v. Terrion Terrell Banks
Ky. · 2015 · confidence medium
What would be overpowering to the weak of will or mind might be utterly ineffective against an experienced criminal.") overruled on other grounds by Jackson v. Denno, 378 U.S. 368 (1964); United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir. 1985). 9 Receiving something in return for a confession was not a concept injected into the situation by police, at least not solely.
discussed Cited as authority (rule) Commonwealth of Kentucky v. Terrion Terrell Banks
Ky. · 2015 · confidence medium
What would be overpowering to the weak of will or mind might be utterly ineffective against an experienced criminal.") overruled on other grounds by Jackson v. Denno, 378 U.S. 368 (1964); United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir. 1985). 9 Receiving something in return for a confession was not a concept injected into the situation by police, at least not solely.
discussed Cited as authority (rule) State Of Washington, Resp. v. Kevin Volante, App.
Wash. Ct. App. · 2013 · confidence medium
App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesbv. 764 F.2d 1273, 1276 (7th Cir. 1985)). 54 Hoffman. 116 Wn.2d at 74. -13- No. 67509-5-1 (consol. with Nos. 67516-8-1 and 67556-7-1) /14 timely but, contrary to his argument, the rule does not require the judge to rule on the motion immediately.
cited Cited as authority (rule) State v. Emery
Wash. Ct. App. · 2011 · confidence medium
App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)); see also State v. Jones, 93 Wn.
discussed Cited as authority (rule) State v. Emery
Wash. Ct. App. · 2011 · confidence medium
State v. Canedo-Astorga, 79 Wash.App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)); see also State v. Jones, 93 Wash.App. 166, 171 , 968 P.2d 888 (1998).
discussed Cited as authority (rule) State v. Sublett
Wash. Ct. App. · 2010 · confidence medium
Defendants seeking severance have the burden of demonstrating that a joint trial "`would be so manifestly prejudicial as to outweigh the concern for judicial economy.'" State v. Medina, 112 Wash.App. 40, 52 , 48 P.3d 1005 (quoting State v. Bythrow, 114 Wash.2d 713, 718 , 790 P.2d 154 (1990)), review denied, 147 Wash.2d 1025 , 60 P.3d 93 (2002). ¶ 36 A defendant may demonstrate prejudice by showing "`antagonistic defenses conflicting to the point of being irreconcilable and mutually exclusive.'" State v. Canedo-Astorga, 79 Wash.App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Ogle…
cited Cited as authority (rule) State v. Lynn
Wash. Ct. App. · 2010 · confidence medium
App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)), review denied, 128 Wn.2d 1025 (1996).
discussed Cited as authority (rule) United States v. Balsiger
E.D. Wis. · 2009 · confidence medium
The “danger of prejudice to the least guilty, or perhaps prejudice to all from the sheer confusion of a multi-defendant trial, is in all but the most unusual circumstances considered outweighed by the economies of a single trial in which all facts of the crime can be explored once and for all.” United States v. Shorter, 54 F.3d 1248 , 1258 n. 21 (7th Cir.1995) (quoting United States v. Velasquez, 772 F.2d 1348, 1352 [7th Cir.1985]). *1117 The Court of Appeals for the Seventh Circuit has outlined four settings in which actual prejudice might result from a denial of a motion for severance: �…
discussed Cited as authority (rule) State v. Asaeli
Wash. Ct. App. · 2009 · confidence medium
Specific prejudice may be demonstrated by showing: "... (2) a massive and complex quantity of evidence making it almost impossible for the jury to separate evidence as it related to each defendant when determining each defendant's innocence or guilt; ... (4) or gross disparity in the weight of the evidence against the defendants." State v. Canedo-Astorga, 79 Wash.App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985)).
cited Cited as authority (rule) State v. Asaeli
Wash. Ct. App. · 2009 · confidence medium
App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)).
cited Cited as authority (rule) State v. Johnson
Wash. Ct. App. · 2008 · confidence medium
App. 518, 528, 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)); see also State v. Jones, 93 Wn.
discussed Cited as authority (rule) State v. Johnson
Wash. Ct. App. · 2008 · confidence medium
State v. Canedo-Astorga, 79 Wash.App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985)); see also State v. Jones, 93 Wash. App. 166, 171 , 968 P.2d 888 (1998).
discussed Cited as authority (rule) United States v. Chad Hughes and Gary Bovey
7th Cir. · 2002 · confidence medium
As a general rule, "review of the trial court's exercise of discretion in refusing a motion for severance must be based on the state of the record at the time of the motion." United States v. Oglesby, 764 F.2d 1273, 1275 (7th Cir.1985) (internal quotations omitted). 10 .
discussed Cited as authority (rule) United States v. Hughes, Chad
7th Cir. · 2002 · confidence medium
As a general rule, “review of the trial court’s exercise of discretion in refusing a motion for severance must be based on the state of the record at the time of the motion.” United States v. Oglesby, 764 F.2d 1273, 1275 (7th Cir. 1985) (internal quota- tions omitted). 10 Furthermore, Mr. Bovey rests the brunt of his argument on a misinterpretation of Oglesby.
cited Cited as authority (rule) State v. Larry
Wash. Ct. App. · 2001 · confidence medium
App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)).
discussed Cited as authority (rule) State v. Carruthers (2×)
Tenn. · 2000 · confidence medium
United States v. Veteto, 701 F.2d 136, 138-39 (11th Cir.1983); see also Person v. Miller, 854 F.2d 656, 665 (4th Cir.1988); United States v. Oglesby, 764 F.2d 1273, 1275-76 (7th Cir.1985); United States v. Sacco, 563 F.2d 552, 555-56 (2nd Cir.1977); State v. Canedo-Astorga, 79 Wash.App. 518 , 903 P.2d 500, 504 (1995).
discussed Cited as authority (rule) State v. Jones
Wash. Ct. App. · 1998 · confidence medium
App. 518, 528 , 903 P.2d 500 (1995) (quoting United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir. 1985)), review denied, 128 Wn.2d 1025 (1996). 7 As permitted by RAP 10.1(g), Jones has adopted by reference the arguments set forth in Stubblefield’s appellate brief.
discussed Cited as authority (rule) Larry Watson v. George E. Detella
7th Cir. · 1997 · confidence medium
In addition, because a confession should not be the product of “youthful ignorance or the naivete born of inexperience,” United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985), we also consider the defendant’s age, intelligence, education, and experience with the criminal justice system.
discussed Cited as authority (rule) State v. Canedo-Astorga (2×)
Wash. Ct. App. · 1995 · confidence medium
Fed. 495 (4th Cir. 1988), cert. denied, 489 U.S. 1011 (1989); United States v. Oglesby, 764 F.2d 1273, 1275-76 (7th Cir. 1985); United States v. Veteto, 701 F.2d 136, 138-39 (11th Cir.) cert. denied, 464 U.S. 1212 and 464 U.S. 839 (1983); United States v. Sacco, 563 F.2d 552, 555-56 (2d Cir. 1977), cert. denied, 434 U.S. 1039 (1978). 28 Oglesby, 764 F.2d at 1276 . 29 Veteto, 701 F.2d at 139 . 30 Oglesby, 764 F.2d at 1276 (quoting Veteto, 701 F.2d at 138-39 ). 31 Oglesby, 764 F.2d at 1276 (citations omitted).
discussed Cited as authority (rule) Joseph Chillers v. Richard B. Gramley, Warden
7th Cir. · 1995 · confidence medium
Chillers' familiarity with police procedure strongly suggests that he "was not disadvantaged by youthful ignorance or the naivete born of inexperience." Holland, 963 F.2d at 1052 (quoting United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985)); Lord, 29 F.3d at 1222 . 11 Chillers also argues that he is functionally illiterate, and therefore, was incapable twelve years ago of making an uncoerced, rational decision to confess.
cited Cited as authority (rule) United States v. Kim M. Buckley and Mark R. Herman
7th Cir. · 1993 · confidence medium
See United States v. McGuire, 957 F.2d 310, 315 (7th Cir.1992); United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985).
cited Cited as authority (rule) United States v. Ronald J. Smith, James J. Marren, and Gerald T. Louison
7th Cir. · 1993 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Ernest Frank Clark and Eric Griffin
7th Cir. · 1993 · confidence medium
In United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985), we outlined four circumstances in which actual prejudice might result: (1) conflicting and irreconcilable defenses; (2) a massive and complex amount of evidence that makes it almost impossible for the jury to separate evidence as to each defendant; (3) a codefendant’s statement that incriminates the defendant; and (4) a gross disparity of evidence between the defendants.
discussed Cited as authority (rule) Daniel Holland v. Kenneth McGinnis Warden, and Michael P. Lane, Director, Illinois Department of Corrections
7th Cir. · 1992 · confidence medium
Pharr, 951 F.2d at 120 ; United States v. Cahill, 920 F.2d 421, 427 (7th Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 2058 , 114 L.Ed.2d 463 (1991); Smith v. Duckworth, 910 F.2d 1492, 1496 (7th Cir.1990); United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Larry Tinker
7th Cir. · 1991 · confidence medium
"Once it is determined that the sentence is within the statutory limitation, [under pre-Guidelines law] appellate review is at an end, unless the trial court relied on material misinformation or constitutionally impermissible factors." Rife, 835 F.2d at 156 (citing United States v. Oglesby, 764 F.2d 1273, 1279 (7th Cir.1985). 8 In sentencing Mr. Tinker, the district court transgressed none of the limitations set on its discretion: Mr. Tinker's sentence was within the statutory range.
discussed Cited as authority (rule) United States v. Richard G. Haddon
7th Cir. · 1991 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985); United States v. Ganter, 436 F.2d 364, 368 (7th Cir.1970); see also United States v. Fazio, 914 F.2d 950 , 955 & n. 5 (7th Cir.1990); United States v. Rodgers, 755 F.2d 533, 546 (7th Cir.1985) (clearly erroneous standard governs determination of voluntariness of confession).
discussed Cited as authority (rule) United States v. Eugene J. Cahill, Sr.
7th Cir. · 1990 · confidence medium
Among the factors to be considered are the defendant’s prior experience with the criminal justice system, United States v. Oglesby, 764 F.2d 1273, 1277-78 (7th Cir.1985); United States v. Anglian, 784 F.2d 765, 768-69 (6th Cir.), cert. denied, 479 U.S. 841 , 107 S.Ct. 148 , 93 L.Ed.2d 89 (1986), and whether the defendant initiated contact with law enforcement officials, Stawicki v. Israel, 778 F.2d 380 (7th Cir.1985), cert. denied, 479 U.S. 842 , 107 S.Ct. 150 , 93 L.Ed.2d 91 (1986).
cited Cited as authority (rule) United States v. Steven Carter
7th Cir. · 1990 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985).
cited Cited as authority (rule) United States v. Joseph Pace, Anthony Besase, Christ Savides, Donald Smith, John Cialoni, and Robert Wilson
7th Cir. · 1990 · signal: cf. · confidence medium
Cf. United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985).
cited Cited as authority (rule) United States v. Raymond Leroy Talkington
7th Cir. · 1989 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985).
cited Cited as authority (rule) United States v. Tamara Jo Smith
7th Cir. · 1989 · confidence medium
United States v. Ogelsby, 764 F.2d 1273, 1275 (7th Cir.1985).
cited Cited as authority (rule) United States v. Kelly Rollins and Dan Slaughter
7th Cir. · 1989 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1275-76 (7th Cir.1985).
cited Cited as authority (rule) United States v. Rigoberto Moya-Gomez Celestino Orlando Estevez Amado Raphael Leon Adalberto Herrera and Menelao Orlando Estevez
7th Cir. · 1988 · confidence medium
United States v. Peters, 791 F.2d 1270, 1301 (7th Cir.), cert. denied, 479 U.S. 847 , 107 S.Ct. 168 , 93 L.Ed.2d 106 (1986); United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Ellery Queen (2×)
7th Cir. · 1988 · confidence medium
See id.; United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985) (factual findings of district court in ruling on *353 motion to suppress are subject to clearly erroneous standard of review); United States v. Streich, 759 F.2d 579, 585 (7th Cir.) (same), cert. denied, 474 U.S. 860 , 106 S.Ct. 172 , 88 L.Ed.2d 142 (1985). 2.
cited Cited as authority (rule) United States v. Raymond Leroy Talkington
7th Cir. · 1988 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985); United States v. Streich, 759 F.2d 579, 585 (7th Cir.), cert. denied, 474 U.S. 860 , 106 S.Ct. 172 , 88 L.Ed.2d 142 (1985).
cited Cited as authority (rule) United States v. Garner
7th Cir. · 1987 · confidence medium
They claim that the evidence was "massive and complex," requiring severance under the authority of United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985).
cited Cited as authority (rule) United States v. Garner
7th Cir. · 1987 · confidence medium
They claim that the evidence was “massive and complex,” requiring severance under the authority of United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985).
cited Cited as authority (rule) United States v. Arvanitis
N.D. Ill. · 1987 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985).
cited Cited as authority (rule) United States v. Rita Rife
7th Cir. · 1987 · confidence medium
United States v. Ogles-by, 764 F.2d 1273, 1279 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Elizabeth Sabater
2d Cir. · 1987 · confidence medium
See Manson v. Brathwaite, 432 U.S. 98, 114 , 97 S.Ct. 2243, 2253 , 53 L.Ed.2d 140 (1977) (undercover narcotics officer’s identification of defendant reliable where officer viewed defendant twice within seven-minute span); United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985) (in-court identification by witness who had ample opportunity to observe defendant during bank robbery admissible); United States v. Gentile, 530 F.2d 461, 468 (2d Cir.) (witness in-court identification of defendant, based on two encounters seventeen months earlier, was admissible, despite intervening suggestive c…
cited Cited as authority (rule) United States v. Savides
N.D. Ill. · 1987 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985).
discussed Cited as authority (rule) Frank M. Miller, Jr. v. Peter J. Fenton, Superintendent, Rahway State Prison, Irwin I. Kimmelman, Attorney General, State of New Jersey (2×)
3rd Cir. · 1986 · confidence medium
In United States v. Oglesby, 764 F.2d 1273, 1278 (7th Cir.1985), the court noted that the accused had three prior felony convictions, had earned a substantial number of college credit hours and was fifty-four years old at the time of his confession.
cited Cited as authority (rule) United States v. Anthony J. Peters, Lawrence Peters, and Jacek Odoner
7th Cir. · 1986 · confidence medium
United States v. Oglesby, 764 F.2d 1273, 1276 (7th Cir.1985).
discussed Cited as authority (rule) United States v. Rick Alan Pavelski, Thomas Michael Rudolph, and John Walter Rudolph (2×) also: Cited "see, e.g."
7th Cir. · 1986 · confidence medium
“The law in this circuit is well settled that review of the trial court’s exercise of discretion in refusing a motion for severance ‘must be based on the state of the record at the time of the motion.’ ” Cglesby, 764 F.2d at 1275 (citations omitted).
discussed Cited as authority (rule) United States v. Ronald Mitchell
7th Cir. · 1986 · confidence medium
This Court previously characterized the facts of Mitchell’s case in United States v. Oglesby, 764 F.2d 1273, 1274-75 (7th Cir. 1985), where we upheld the conviction of Mitchell’s co-defendant, Joseph Oglesby.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Joseph OGLESBY, Defendant-Appellant
84-1934.
Court of Appeals for the Seventh Circuit.
Jun 24, 1985.
764 F.2d 1273
Bruce E. Peppert, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, 111., for plaintiff-appellee., William D. Stiehl, Jr., Stiehl & Stiehl, Belleville, 111., for defendant-appellant.
Coffey.
Cited by 65 opinions  |  Published
COFFEY, Circuit Judge.

The defendant appeals his conviction for “Bank Robbery and Incidental Crimes” under 18 U.S.C. § 2113 arguing that his trial should have been severed from that of his co-defendant after his co-defendant decided to proceed pro se. The defendant additionally challenges the trial court’s refusal to suppress his confession, its denial of his motion for judgment of acquittal, and his sentence of twenty years imprisonment. We affirm.

I.

The testimony at the trial of Oglesby and his co-defendant, Mitchell, in the United[*1275] States District Court for the Southern District of Illinois established a bank robbery in Belleville, Illinois, and the subsequent arrest in East St. Louis, Illinois. At about noon on February 23, 1984, two men, later identified as Oglesby and Mitchell, entered the Illini Federal Savings and Loan Association of Belleville, Illinois. While Mitchell approached the bank manager indicating that he wished to apply for a loan, Oglesby slipped behind the teller’s counter and pressed a loaded .38-caliber Derringer in the side of the nearest teller. Mitchell produced a .357 Magnum revolver and threatened the manager. At Oglesby’s direction, the teller removed $4,302.00 from the cash drawers and placed the money in a brown paper bag. Included in the money removed from the cash drawers was bait money, bills whose serial numbers were recorded for identification purposes. The removal of the bait money from the cash drawer activated the saving and loan’s surveillance cameras which took a series of pictures, including photographs of Oglesby and Mitchell, during the bank robbery.

After ordering their victims to lie face-down in a rear room of the bank, the two men fled in & yellow Camaro with Tennessee license plates. The two men drove to an apartment complex where they abandoned the Camaro and paid a Bernard Bol-den $40.00 to drive them to a location in East St. Louis, Illinois. After leaving the men in East St. Louis, Bolden returned to the apartment complex where he was detained and questioned by the police. Bol-den later accompanied the police to the East St. Louis address to which he had transported the men. The police located and apprehended the two subjects, searched the house where they were temporarily residing, and recovered a .38-cali-ber Derrenger, a .357 Magnum Smith & Wesson revolver, and a large sum of money. The police removed one of the bait bills from Mitchell’s pockets and about $1,500 in cash.

Oglesby was taken to the FBI office in Belleville where he was questioned by an FBI Agent. Oglesby was informed of his Miranda rights and was advised that if he cooperated with the authority’s investigation of the bank robbery, his cooperation would be made known to the United States Attorney’s office. Subsequently, Oglesby gave a statement admitting his participation in the robbery.

II.

A. Severance.

On the first day of trial before the jury was sworn, Mitchell requested the court to allow him to proceed pro se. The court granted Mitchell’s request, and immediately thereafter Oglesby moved for a severance, claiming that his accomplice’s pro se defense would prejudice his own defense. This motion was denied. Oglesby failed to renew his severance motion during trial and now argues that Mitchell, in conducting his own defense, prejudiced his (Mitchell’s) case. According to Oglesby, the prejudice to Mitchell’s case “spilled over” to Oglesby’s case and prejudiced his right to a fair trial. Specifically, Oglesby objects to Mitchell’s solicitation of evidence referring to testimony that the getaway car was a stolen vehicle — a fact that Ogles-by had successfully suppressed in a pretrial motion in limine. Additionally, Oglesby directs our attention to Bolden’s testimony during Mitchell’s cross-examination concerning drug use by Mitchell and identification of one of the weapons used during the robbery.

“Motions for severance are committed to the sound discretion of the trial court and will be overturned on appeal only upon a showing of abuse of discretion.” United States v. Oxford, 735 F.2d 276, 279 (7th Cir.1984), (citing Opper v. United States, 348 U.S. 84, 95, 75 S.Ct. 158, 165, 99 L.Ed. 101 (1954)). The law in this circuit is well settled that review of the trial court’s exercise of discretion in refusing a motion for severance “must be based on the state of the record at the time of the motion.” United States v. Pacente, 503 F.2d 543, 546 (7th Cir.), cert. denied, 419 U.S. 1048, 95 S.Ct. 623, 42 L.Ed.2d 642 (1974); Oxford, 735 F.2d at 279. On appeal, the de[*1276] fendant has the burden of demonstrating that he was prejudiced by the joint trial. See United States v. Black, 684 F.2d 481, 485 (7th Cir.), cert. denied, 459 U.S. 1043, 103 S.Ct. 463, 74 L.Ed.2d 613 (1982). The question of whether a trial of two defendants tried simultaneously infringes upon a defendant’s right to a fair trial depends on whether it is within the jury’s capacity in the particular fact situation to follow admonitory instructions and to keep separate, collate and appraise the evidence relevant only to each defendant. United States v. Hedman, 630 F.2d 1184, 1200 (7th Cir. 1980), cert. denied, 450 U.S. 965, 101 S.Ct. 1481, 67 L.Ed.2d 614 (1981). A trial involving a pro se defendant and co-defendants who are assisted by counsel is not prejudicial per se. United States v. Veteto, 701 F.2d 136, 139 (11th Cir.), cert. denied, — U.S. -, 104 S.Ct. 131, 78 L.Ed.2d 127 (1983); United States v. Sacco, 563 F.2d 552, 556-57 (2d Cir.1977), cert. denied, 434 U.S. 1039, 98 S.Ct. 779, 54 L.Ed.2d 789 (1978). Courts confronted with this problem in joint trials, in which one defendant wants to proceed pro se and the other defendant is represented by counsel, have recommended and suggested, but have not required, that the district court minimize the prejudice to co-defendants by:

“appointing standby counsel, warning the pro se defendant that he will be held to the rules of law and evidence and that he should refrain from speaking in the first person in his comments on the evidence, and instructing the jury prior to the closing remarks, during summation, and in final instructions, that nothing the lawyers said is evidence in this case. [T]he district judge should also make clear to the jury at the outset that anything the pro se defendant says in his ‘lawyer’ role is not evidence and should instruct the pro se defendant beforehand that he should both avoid reference to co-defendants in any opening statement or summation without prior permission of the court and refrain from commenting on matters not in evidence or solely within his personal knowledge or belief.”

Veteto, 701 F.2d at 138-39, citing Sacco, 563 F.2d at 556-57. We agree with the Second and Eleventh Circuits, and decline to make these suggested precautionary measures mandatory. Veteto, 701 F.2d at 139; Sacco, 563 F.2d at 556-57. Furthermore, we note that when Mitchell made his motion to proceed pro se, the trial judge warned Mitchell about the perils of proceeding pro se and in fact appointed standby counsel. Thus, Judge Beatty followed the accepted procedure and attempted to minimize the prejudice to Oglesby. Moreover, a review of the record discloses that at the time of his motion for severance, Oglesby did not and could not present to the trial judge any problem arising from the joint trial that would rise to the level of prejudicial error. Specifically, Oglesby failed to demonstrate that a joint trial with a co-defendant proceeding pro se would raise difficulties such as: (1) antagonistic defenses conflicting to the point of being irreconcilable and mutually exclusive, see, e.g., United States v. Shively, 715 F.2d 260 (7th Cir.1983), cert. denied, — U.S.-,

104 S.Ct. 1001, 79 L.Ed.2d 233 (1984); (2) a massive and complex quantity of evidence making it almost impossible for the jury to separate evidence as it related to each defendant when determining each defendant’s innocence or guilt, see, e.g., United States v. Cavale, 688 F.2d 1098 (7th Cir.), cert. denied, 459 U.S. 1018, 103 S.Ct. 380, 74 L.Ed.2d 513 (1982); (3) a co-defendant’s statement inculpating the moving defendant, see, e.g., United States v. Holleman, 575 F.2d 139 (7th Cir.1978); (4) or gross disparity in the weight of the evidence against the defendants, see, e.g., United States v. Hedman, 630 F.2d 1184 (7th Cir. 1980), cert. denied, 450 U.S. 965, 101 S.Ct. 1481, 67 L.Ed.2d 614 (1981). Because Oglesby failed to establish how he would specifically be prejudiced by Mitchell’s pro se representation, we hold that the district court did not abuse its discretion in denying Oglesby’s motion to sever. [1]

[*1277] B. Suppression.

After his arrest, Oglesby was transported to the FBI office in Belleville, Illinois, where he was questioned by FBI agents after being advised of his rights. Oglesby contends that before he made a statement admitting his participation in the robbery of the Illini Federal Savings and Loan, the FBI agent conducting the interview advised him that “things would go easier for him if he made a statement; that his cooperation would be made known to the United States Attorney; and that he ... would get ‘probably about five years’ if he gave a statement.” At trial, Oglesby moved to suppress the confession as being involuntary, alleging that he would not have made a statement had the agent not made the representations. The motion was denied.

In Schneckloth v. Bustamonte, 412 U.S. 218, 225-26, 93 S.Ct. 2041, 2046-47, 36 L.Ed.2d 854 (1973), the Supreme Court summarized the nature of the inquiry into the voluntariness of a confession:

“Is the confession a product of an essentially free and unconstrained voice by his maker? If it is, if he has willed to confess, it may be used against him. If it is not, if his will has been overborne and his capacity for self-determination critically impaired, the use of his confession offends due process.
In determining whether a defendant’s will was overborne in a particular case, the Court has assessed the totality of all the surrounding circumstances — both the characteristics of the accused and the details of the interrogation. Some of the factors taken into account have included the youth of the accused; his lack of education; or his low intelligence; the lack of any advice to the accused of his constitutional rights; the length of detention; the repeated and prolonged nature of the questioning; and the use of physical punishment such as the deprivation of food or sleep. In all of these cases, the Court determined the factual circumstances surrounding the confession, assessed the psychological impact on the accused, and evaluated the legal significance of how the accused reacted.”

Id. at 225-26, 93 S.Ct. at 2046-47 (citations omitted).

We turn first to the examination of the method of interrogation. Oglesby’s sole argument is that the agent’s promise that his cooperation would be made known to the United States Attorney’s office and the alleged promise that he would get five years if he made a statement overbore his will, causing him to confess. Thus, our examination must initially focus on whether the agent in fact made the promises on which Oglesby says he relies. On cross-examination, Oglesby was unable to recall the exact words of the agent:

Q. “Did he say that was what you would get, that’s what he would ask the[*1278] United States Attorney’s office to recommend, that’s what the United States Attorney’s office would recommend, or that’s what the sentence that the court imposed would be, I mean what was it?”
A. “I don’t recall verbatim exactly what he said. I just don’t recall as of that particular time and still don’t recall. I have got a vague idea of what he said.”

The trial court found, “I don’t think that we could find from this evidence that there was any commitment made by the agent that he was going to get five years.” The factual determinations made by the trial court when ruling on a motion to suppress will be accepted on appeal unless they are clearly erroneous. United States v. Gan-ter, 436 F.2d 364, 368 (7th Cir.1970). From our review it is evident that Oglesby failed to produce any evidence establishing that the agent in fact promised him that he would get five years if he made a statement. Accordingly, we hold that the trial court properly found that the agent did not promise Oglesby that he would get five years if he made a statement.

Turning to the second element of the voluntariness analysis — the characteristics of the accused — we reach the question of whether the agent’s promise to make Oglesby’s cooperation known to the United States Attorney overbore Oglesby’s will. Important among the defendant’s characteristics in determining whether his confession was voluntary are the defendant’s age, education, and experience with the police. Schneckloth, 412 U.S. at 226, 93 S.Ct. at 2047; Stein v. New York, 346 U.S. 156, 73 S.Ct. 1077, 97 L.Ed. 1522 (1953). Oglesby had three prior felony convictions, including a prior conviction for armed robbery, had earned some 200 hours of college credit, and was 54 years of age at the time of his confession. Thus, the record reveals that the defendant was not disadvantaged by youthful ignorance or the naivete born of inexperience. From our review we hold that the defendant, a 54-year-old man who had frequent contacts with the criminal justice system in the past (three felony convictions — from initial interrogation through the trial and sentencing stages) and had a substantial number of college credit hours was able to resist whatever pressure was brought to bear on him by the FBI agent’s promise to make his cooperation known to the United States Attorney, if in fact any such statement was made by the agent; therefore, we hold that the district court ruled properly in denying Oglesby’s motion to suppress the confession.

C. The Motion for Judgment of Acquittal and the Sentence.

Oglesby argues that his motion for judgment of acquittal, made at the end of the government’s case, and renewed after the completion of the evidence, should have been granted because the government relied on an in-court identification in lieu of an out-of-court line-up or photographic identification procedure. According to Oglesby, an in-court identification is inherently untrustworthy and should not be the basis of a conviction. Additionally, Ogles-by argues that any number of people could have had access to the room in the East St. Louis house in which the money and weapons were seized and that Oglesby’s fingerprints were not found in the getaway car. The jury considered, among other items, bank photographs portraying the defendant’s role in the robbery as well as the defendant’s voluntary confession of his participation in the crime. We are convinced that the wealth of direct and circumstantial evidence in the record entitled the jury to find the defendant guilty beyond a reasonable doubt. Furthermore, the defendant’s contention that the in-court identification was untrustworthy is likewise without merit. Based upon the witnesses’ testimony it is evident that they were both standing in close proximity to the defendant during the bank robbery and had ample opportunity to view the defendant close-up for a period of time. Because the record supports the accuracy of the witnesses’ identification of Oglesby, his mere allegation that in-court identifications are untrustworthy fails to persuade us to disregard the in-court identifications. Based[*1279] on the evidence presented by the government in its case-in-chief, we hold that the jury’s verdict was not the product of speculation.

The defendant finally argues that his sentence of twenty years constitutes cruel and unusual punishment. The defendant notes that he cooperated with authorities, that he has had no felony or misdemeanor convictions for the last eleven years, and that no one was injured in the crime under consideration. The defendant contends that these three factors render the twenty-year sentence cruel and unusual in violation of the Eighth Amendment to the United States Constitution. The sentence given to Oglesby was within the statutory limit; the maximum sentence for a violation of 18 U.S.C. § 2113(a) and (d) is a fine of $10,000.00 and/or 25 years imprisonment. Oglesby has not shown that the trial judge relied on material misinformation or constitutionally impermissible factors in imposing the sentence. A sentence imposed by a Federal judge in 1984, if within statutory limits, is not subject to review unless the trial court relied on material misinformation or constitutionally impermissible factors. United States v. Tucker, 404 U.S. 443, 446-47, 92 S.Ct. 589, 591-92, 30 L.Ed.2d 592 (1972); United States v. Carter, 720 F.2d 941, 951 (7th Cir.1983).

The defendant has failed to demonstrate that his sentence constitutes cruel and unusual punishment.

The judgment of the district court is AFFIRMED.

1

. Even if we were to overlook Oglesby’s failure to renew his motion and allow him to base his arguments on events that occurred after the motion was denied, we still would hold that[*1277] Oglesby was not prejudiced by Mitchell’s pro se defense. Oglesby bases his novel "spill-over” argument on Mitchell’s cross-examination of Bolden in which Mitchell elicited testimony that the getaway car was stolen and in which Bolden accused Mitchell of using drugs. During Mitchell’s cross-examination, Bolden testified that he, Bolden, was a drug-user. Because he wanted to avoid being cut-off from his drug supply by being in jail, Bolden stated that he avoids situations that would cause him to be jailed. Mitchell established that Bolden knew the yellow Cá-maro was stolen and that one of the men was carrying a gun when he accepted $40.00 from the men to give them a ride to another location. Mitchell asked Bolden, and later argued to the jury, whether these were the actions of a man trying to avoid situations that would cause him to be jailed. Mitchell bolstered his attack on Bolden’s credibility in closing argument by noting that Bolden had not been arrested for aiding the robbers during their escape, raising the implication that Bolden had fabricated his testimony to avoid arrest. Similarly, Mitchell’s questioning of Bolden about his identification of the .357 Magnum revolver, to which Oglesby now objects, centered on Bolden's pretrial statement that the gun’s holster was tan. The holster produced at trial was black. Rather than recognizing the prejudice urged by Oglesby, we hold that Mitchell’s cross-examination of Bolden was a cogent attack on Bolden’s credibility. Because a review of the record fails to disclose prejudice to Mitchell, there could not have been a "spill-over” of prejudice to Oglesby; thus, Oglesby has failed to establish that the district court abused its discretion when it denied his motion to sever his trial from that of his co-defendant.