United States First Circuit

In a prosecution of a defendant for violating the Hobbs Act and for carrying firearms in relation to a crime of violence after the FBI foiled a planned robbery of the Loomis Fargo armored car facility, district court's judgment is affirmed in part, reversed in part, and remanded where: 1) district court's determination that defendant made the decision not to testify was not clearly erroneous; 2) given the significant downward adjustments, coupled with its refusal to depart further despite its authority to do so, defendant has failed to demonstrate a reasonable probability that the district court would give him a lesser sentence; 3) district court's grant of a judgment of acquittal for carrying an explosive grenade is reversed as co-defendants' testimony was sufficient to establish that it was reasonable foreseeable to defendant that one of his co-conspirators would be carrying a hand grenade; and 4) district court abused its discretion in granting defendant's motion for a new trial on the explosive grenade conviction.

Appellate Information

• Decided 01/15/2010
• Published 01/15/2010

Judges

• HANSEN, Circuit Judge., Before LIPEZ, HANSEN, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Judith H. Mizner, for appellant/cross-appellee., John-Alex Romano, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee/cross-appellant.