Despite his partner’s acquittal of several of the same charges, a would-be bank robber who was caught before he could execute his plan still stands convicted of conspiracy and gun crimes, a federal appeals court has ruled.

On Friday, the U.S. Court of Appeals for the Third Circuit found that there was sufficient evidence to support defendant James Garner’s conviction on charges of conspiracy to commit bank robbery, attempted bank robbery, possession of a firearm in furtherance of a crime of violence, and aiding and abetting.

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