36 results for 'cat:"Firearms" AND cat:"Robbery"'.
J. Walker finds that the lower court properly granted the state's petition for pretrial detention of defendant on charges of unlawful possession of a weapon by a felon. Defendant was on parole for armed robbery when he was caught in possession of a loaded firearm in violation of the terms of his parole. Having disregarded the conditions of his release, the court reasonably found defendant could be a danger to the public. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 3, 2024, Case #: 240154, Categories: firearms, robbery, Bail
Per curiam, the circuit finds the district court properly convicted defendant for Hobbs Act robbery and knowingly discharging a firearm during a crime of violence. Security footage, as well as multiple witness accounts, support the conviction for defendant's armed robbery of the night club where he worked as a security guard. The trial court properly admitted evidence of a prior armed robbery and applied the career offender sentencing enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-20021, Categories: firearms, robbery, Sentencing
J. Albrecht finds that the lower court properly denied defendant pretrial release on charges of aggravated battery and armed robbery. Defendant planned to commit the robbery, and text messages indicated his pride in having shot his victim. The court reasonably found that no conditions would mitigate the threat defendant posed to the community. Affirmed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 29, 2024, Case #: 240046, Categories: firearms, robbery, Bail
J. Mayle finds that the county court correctly denied a motion for two incidents to be tried separately, one involving a robbery and murder and one involving the discharge of a weapon. The judge finds that sufficient evidence exists to join the incidents. However, the court incorrectly imposed the cost of confinement and council on appellant and the judge ruled that the state and the appellant shall share in those costs. Affirmed in part and reversed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 29, 2024, Case #: 2024-Ohio-1178, Categories: firearms, robbery, Attorney Fees
J. Fuller finds that the trial court properly convicted defendant of armed robbery, battery and firearm offenses. Sufficient evidence was presented to support defendant's armed robbery conviction and to allow the jury to find that defendant had a gun while attacking the victim. Although the victim said no gun was used during the incident, an eyewitness told police that defendant was holding a gun while hitting the victim and taking his two phones. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: March 11, 2024, Case #: A23A1575, Categories: firearms, robbery
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J. Reynolds Fitzgerald finds that defendant was properly convicted of attempted murder, attempted assault, robbery, burglary and weapon possession stemming from an altercation at a motel because the verdict was supported by testimony from the robbery victim, who had been shot in the leg in his motel room, and from codefendant, who struggled with the victim. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 29, 2024, Case #: 111647, Categories: Evidence, firearms, robbery
J. Robinson finds that defendant was properly convicted of armed robbery and being a felon in possession of a firearm for robbing a gas station. In this case, defendant's DNA was found on the ski mask that was described by the victim and seen in the surveillance footage. The ski mask was found near the gas station in the direction the perpetrator fled after the robbery. Further, the victim's stolen cell phone was found near the ski mask by a police dog. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: February 28, 2024, Case #: 55,569-KA, Categories: Evidence, firearms, robbery
J. Mathis finds defendant's previous conviction in Ohio for aggravated robbery did not constitute a crime of violence under federal sentencing guidelines. The conviction did not include an underlying theft offense that involves the use of force, while that state's definition of robbery is broader than the federal definition of extortion. Therefore, the lower court sentenced defendant on an incorrect guideline and his sentence will be vacated to allow for resentencing. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 20, 2024, Case #: 22-4052, Categories: firearms, robbery, Sentencing
J. Hoyle finds the trial court properly convicted defendant for aggravated robbery based on sufficient evidence. The victim testified that as defendant gave him a ride home after he experienced car trouble, defendant revealed he had a machine gun and demanded money. Police located the gun during defendant's later arrest. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 24, 2024, Case #: 12-23-00049-CR, Categories: firearms, robbery
J. Murphy finds the lower court properly applied sentencing enhancements after defendant pleaded guilty to being a felon in possession of a firearm. His previous convictions for facilitation of aggravated robbery involved the use or threatened use of force and, therefore, qualified as violent felonies. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: January 23, 2024, Case #: 23-5082, Categories: firearms, robbery, Sentencing
J. Grasz finds a lower court properly sentenced a defendant to 420 months in prison for robbery after he stole travelers checks that were worth $30,000. The defendant argued that his conviction no longer qualified as an Armed Career Criminal Act offense and that the court was obligated to recalculate the length of his sentence. However, the government sufficiently showed in court that the defendant's certificate of appealability barred him from challenging the court's decision. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 5, 2024, Case #: 21-2218, Categories: firearms, robbery, Sentencing
J. Quattlebaum finds the lower court properly imposed a sentence at the top of the robber's guidelines for refusing to name his accomplice. The robber and his accomplice robbed a Waffle House and grocery store in a few hours. The robber argued that the lower court violated his Fifth Amendment privilege against self-incrimination by imposing a harsher sentence due to his failure to identify his accomplice and drawing adverse inferences from that failure but failed to raise his concerns during the trial. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: November 21, 2023, Case #: 21-4442, Categories: firearms, robbery, Self Incrimination
J. Loken finds a lower court properly sentenced a defendant to 72 months in prison and three years probation after he pleaded guilty to being a felon in possession of a firearm. The defendant argued that his sentence is unreasonable. However, the defendant has a prior conviction for second-degree robbery, which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: November 3, 2023, Case #: 22-3634, Categories: firearms, robbery, Sentencing
J. Higginson finds the trial court properly convicted defendant for conspiracy to obstruct commerce by robbery and discharging a firearm during a crime of violence, causing death, in relation to a failed armored truck robbery. Five defendants were charged and the government did not identify which of three shooters fired the fatal shot. Certain defendants’ testimony did identify defendant as one of the shooters and partial DNA evidence placed him at the scene. Expert testimony on statistics involving the partial DNA match were not objected to, and the Fifth Circuit finds no reversible plain error. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 26, 2023, Case #: 22-30421, Categories: Dna, firearms, robbery
Per curiam, the appeals court finds the trial court improperly dismissed defendant's appeal of his sentence for armed robbery, which he brought in part on grounds that his counsel was ineffective for failing to evaluate his competency and understanding. The trial court erred in dismissing the appeal as "unauthorized" and should have, under the rules of criminal procedure, at least made clear in its order whether it was exercising its discretion to allow the claims in defendant's amended motion to proceed or summarily dismissing them with prejudice. This narrow part of its order overturned and the case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 20, 2023, Case #: 23-1888, Categories: firearms, Ineffective Assistance, robbery
J. Loken finds a lower court properly sentenced a defendant to 230 months in prison for robbing a bank using a dangerous weapon, brandishing a pistol in relation to a crime of violence, discharging a pistol in a crime of violence, using a AR-15 rifle in a crime of violence, and possessing an AR-15 rifle as an unlawful drug user. The defendant argued that his conviction was based on lack of evidence. However, the defendant stole a pickup truck, attempted to flee from police, crashed the vehicle near a roadblock, and then waived his Miranda rights before disclosing statements he made to an FBI agent in an interview that was recorded. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 17, 2023, Case #: 22-3659, Categories: firearms, Miranda, robbery
J. Livingston finds that the district court properly declined to vacate a New York City cop's guilty plea to organizing crews to carry out "raids" posed as police in order to steal money and drugs from drug dealers. Conspiracy to commit Hobbs Act robbery no longer constitutes a predicate crime of violence for firearms offenses, and defendant allocuted to participating in a drug-trafficking conspiracy in which he brandished a firearm. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: August 31, 2023, Case #: 21-2685, Categories: firearms, robbery, Conspiracy
J. Molaison finds that defendant was properly convicted of two counts of armed robbery for a carjacking and sentenced to 50 years' imprisonment with a consecutive five-year hard labor sentence for the firearm enhancement. The sentences are within the statutory guidelines, and the evidence shows defendant entered the victim's car, pointed a gun at the passenger's forehead, and drove over the driver's foot when driving away. After engaging in a high speed chase, defendant crashed the vehicle into a utility pole and resisted arrest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: August 30, 2023, Case #: 23-KA-11, Categories: firearms, robbery, Sentencing
J. Kobes finds a lower court properly convicted a defendant for Hobbs Act Robbery, but erred in failing to dismiss claims of possession of a firearm in furtherance of a crime of violence. The defendant argued that there was insufficient evidence concerning his plans to rob a drug dealer. However, the government presented sufficient evidence in court that surveillance revealed that the defendant would have carried out the crime armed with a rifle, which he unknowingly planned with a confidential informant. Affirmed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: August 24, 2023, Case #: 22-1759, Categories: Evidence, firearms, robbery
J. Golemon finds the trial court properly convicted defendant for aggravated robbery. The victim was robbed and shot while gambling in the parking lot of a Waffle House and was driven to the hospital by his cousin. He and his cousin identified defendant as the shooter from a photo lineup shown by investigators. Though the court erred in admitting the victim’s written statement made from the hospital and not at a hearing giving the other party an opportunity to develop it by examination, this error did not affect defendant’s substantial rights. Detective testimony and other evidence proved claims made in the written statement. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 23, 2023, Case #: 09-21-00171-CR, Categories: Evidence, firearms, robbery
J. Higginbotham finds the trial court properly convicted defendant by plea agreement for possession of a firearm after a felony conviction, sentencing him to 189 months in prison after applying an Armed Career Criminal Act enhancement. A cited case that defendant says undermines another case’s conclusion that “robbery-by-threat” constitutes a violent felony does not reach the crime at issue, as it addresses offenses criminalizing attempted robberies without a use or threat of force. Affirmed.
Court: 5th Circuit, Judge: Higginbotham, Filed On: August 15, 2023, Case #: 22-10544, Categories: firearms, robbery, Threats
J. Kobes finds a lower court properly dismissed a defendant's motion for acquittal after he murdered and robbed a drug dealer, and then tossed the corpse into a fire pit. The defendant, who was convicted for robbery affecting interstate commerce and brandishing a firearm during a crime of violence that resulted in murder, argued that the government failed to prove beyond a reasonable doubt that he robbed the now deceased drug dealer and made off with his stash of meth and cash. However, the government sufficiently presented evidence in court that the defendant is not entitled to a new trial based on admissible weight of evidence. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 2, 2023, Case #: 21-3360, Categories: firearms, Murder, robbery
J. Harris finds the lower court properly increased the defendant's sentence on remand. The defendant, initially facing Hobbs Act robbery and firearm offenses, had a poor disciplinary record while incarcerated between court appearances. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: August 1, 2023, Case #: 21-4351, Categories: firearms, robbery, Sentencing
J. Kern finds that the circuit court properly entered judgment after defendant was convicted of first-degree robbery and sentenced to forty years. Defendant attempted to rob a casino by holding a cashier on duty at gunpoint. Defendant pulled her behind the counter and struck her on the head with a pistol, causing her to fall to the floor. Defendant fled after failing to open the cash register. Sufficient evidence supported conviction. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: July 26, 2023, Case #: 2023SD37, Categories: firearms, robbery, Assault
J. Raggi finds that defendant was improperly convicted of participating in armed robberies at two stores selling wireless products and services. Remand is necessary to determine whether the challenged evidence was admissible because admitted misstatements in affidavits were material to probable cause determinations made by the issuing magistrate judges. Meanwhile, jury instructions on brandishing a weapon that equated a gun to a firearm were incorrect and were not harmless as a matter of law.
Court: 2nd Circuit, Judge: Raggi, Filed On: June 9, 2023, Case #: 21-2598, Categories: firearms, robbery, Perjury
J. Thapar finds the lower court properly applied a sentencing enhancement when defendant pleaded guilty to illegally possessing a handgun. His Ohio conviction for robbery, which includes the threat of or physical harm to another individual, qualifies as a crime of violence. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 2, 2023, Case #: 22-3699, Categories: firearms, robbery, Sentencing