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UNITED STATES of America, Appellee,v.Bert NUNLEY, Appellant.
United States Court of Appeals,Eighth Circuit.
Submitted Dec. 3, 1991.Decided April 25, 1992.
William G. Colvin, Kansas City, Mo., argued (Deborah J. Middleton, on the brief), for appellant.
Thomas O. Alvey, Kansas City, Mo., argued (Thomas C. Alvey, on the brief), for appellee.
Before FAGG, Circuit Judge, BRIGHT, Senior Circuit Judge, and HANSEN, Circuit Judge.
BRIGHT, Senior Circuit Judge.
Bert Nunley appeals his convictions for bank robbery and using and carrying a firearm during a crime of violence. We affirm.
Nunley’s co-defendant, Howard Jones, entered the Summit Federal Savings and Loan Association, robbed it of about $1,280, and then shot and killed a bank employee who emerged from the lobby. Nunley’s involvement consisted of driving Jones to and from the bank, and assisting Jones in forging a false lease as an alibi. Nunley contends that the evidence was insufficient to sustain his convictions on the bank robbery and firearm charges, and that he was denied effective assistance of counsel due to his attorney’s deficiency.
I. Sufficiency of Evidence
Nunley first contends that the evidence against him was insufficient to convict him of bank robbery and using and carrying a firearm during a crime of violence. We must consider the evidence in the light most favorable to the government. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979). The factfinder may choose to believe the government’s witnesses and disbelieve the defendant’s. United States v. Davis, 882 F.2d 1334, 1343 (8th Cir.1989), cert. denied, 494 U.S. 1027, 110 S.Ct. 1472, 108 L.Ed.2d 608 (1990). Moreover, we must accept as established all reasonable inferences supporting the conviction. United States v. Davis, 8
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