United States v. Roberson

Citation. 474 F.3d 432 (2007)

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Citation474 F.3d 432 (2007)

Brief Fact Summary.

Defendant appeals convictions of bank robbery and using a firearm in a crime of violence.

Synopsis of Rule ofLaw.

An accomplice may be found guilty for the reasonably foreseeable crimes committed by his accomplices in the course of a conspiracy.

Points of Law - Legal Principles in this Case for Law Students.

But to use the presence of a section 924(c)(1) add-on to reduce the defendant's sentence for the underlying crime would be inconsistent with Congress's determination to fix a minimum sentence for using a firearm in a crime of violence.

View Full Point of Law

Roberson (Defendant) and three accomplices robbed a bank netting about $133,000, of which Roberson received $50,000. Roberson was charged with bank robbery in violation of 18 U.S.C. §§ 2113(a) and (d) and using a firearm in a crime of violence in violation of 18 U.S.C. 924(c)(1)(A). At trial, there was conflicting testimony as to whether Roberson carried or brandished a gun during the robbery. Defendant was convicted and appealed.

Issue.

Whether an accomplice may be found guilty for the reasonably foreseeable crimes committed by his accomplices in the course of a conspiracy.

Held.

Yes. Defendant’s conviction is affirmed. An accomplice may be found guilty for the reasonably foreseeable crimes committed by his accomplices in the course of a conspiracy.

Discussion.

Even though it is unclear from the record whether Roberson had a weapon during the commission of the robbery, a defendant is liable for the reasonably foreseeable crimes committed by his accomplices in the course of a conspiracy, whether or not a conspiracy is charged. Here, Roberson and his accomplices agreed to rob a bank. It is reasonable to assume that Roberson had knowledge that his accomplices would be carrying weapons in order to carry out the robbery.