United States Ninth Circuit

In appeals and government cross-appeals in a case where the jury found defendants guilty of multiple counts related to an armed robbery of a federal credit union, the district court's judgment is: 1) affirmed in part, where the district court did not err by admitting an eyewitness's pretrial identification testimony and the evidence supports the jury verdict that defendant Carr was guilty of forced accompaniment; 2) reversed in part and remanded, where the district court erred in vacating defendant Anderson's and Franklin's convictions of forced accompaniment; 3) affirmed in part, where the district court did not err by ruling that the evidence did not support defendant Franklin's convictions for use of firearms; 4) affirmed in part, where the district court's Alleyne error, application of the ten-year mandatory minimum without a supporting jury finding, was harmless; and 5) affirmed in part, where the district court sufficiently justified its departure from the recommended guidelines range when sentencing defendant Franklin.

Appellate Information

• Decided 08/04/2014
• Published 08/04/2014

Judges

• CHRISTEN

Court

• United States Ninth Circuit

Counsel