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Roy v. United States

United States Court of Appeals for the District of Columbia Circuit
652 A.2d 1098 (1994)


Peppi Miller, an informant for the United States Bureau of Alcohol, Tobacco, and Firearms (BATF), participated in an undercover operation to purchase a handgun from Tony Roy (defendant). Roy agreed to procure a handgun and ammunition for Miller in exchange for $400. Miller obtained the money from federal agents of the BATF and Federal Bureau of Investigation (FBI) and was equipped with a tape recorder and transmitter. Miller then met with Roy, who instructed Miller to wait for Steve Ross to bring the handgun and ammunition. When Miller met with Ross, Roy was nearby, but was not directly involved in the transaction. Ross gave Miller the handgun and almost immediately asked for it back. Miller returned the handgun. Ross then loaded the gun, pointed it at Miller, and robbed him of the $400. Ross and Roy were arrested and convicted of armed robbery. Roy moved for a judgment of acquittal, arguing that he did not participate in the armed robbery. The trial court denied Roy’s motion. Roy appealed.

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Holding and Reasoning (Schwelb, J.)

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