Appeal rejected in robbery

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A federal appeals court has upheld a man's conviction on charges he helped rob a northwestern North Dakota credit union by providing a gun and a snowmobile.

The 8th Circuit Court of Appeals rejected Brent Moe's argument that there was not enough evidence to convict him of aiding and abetting in the January 2007 robbery, and that his rights were violated by a ruling in his absence to go ahead with his trial.

Authorities have estimated about $7,500 was taken in the Ray Cooperative Credit Union robbery.

Court documents say Moe and Justin Rieniets had money problems and planned the robbery while fishing and drinking at Moe's icehouse in Tioga. Authorities said the two decided Moe would lend Rieniets his snowmobile and handgun and Rieniets would rob the credit union on Jan. 23, 2007.

Authorities said Rieniets, of Tioga, got cold feet on the day set for the robbery but did carry it out the next day and returned the gun and the snowmobile to Moe.

The court documents say law enforcement officers tracked the snowmobile from Ray to Moe's icehouse in Tioga and a search of Moe's home turned up the gun as well as bills from the credit union.

Rieniets was ordered to prison for eight years and agreed to testify against Moe, who was sentenced to 10 years and five months.

The appeals court rejected Moe's argument that there was not enough evidence to convict him of aiding and abetting. "There is no doubt that the evidence presented at trial supports the two guilty verdicts," its ruling said.

The appeals court also upheld a decision to deny Moe's request for a delay in his trial even though he was not there to discuss it at the time. His appeal said his rights were violated when the ruling was made in his absence.

The appeals court said Moe did not ask to attend the hearing on whether the case should be continued.

"Had Moe or his attorney believed that Moe's presence would have been useful, they could have made known that fact," the appeals court ruling said.

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