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United States v. Allen

United States Court of Appeals for the Ninth Circuit
425 F.3d 1231 (2005)


Facts

The federal government (plaintiff) prosecuted Koran McKinley Allen (defendant) for conspiracy, armed bank robbery, and using, carrying, or possessing a firearm during a violent crime, in violation of 18 U.S.C. §§ 371, 2113(a) and (d), and 924(c), respectively. The federal district court trial evidence established that Derrick O'Neal recruited his friend Allen to join a group of conspirators in robbing the Community Bank. O'Neal had participated in previous armed bank robberies. On the morning of the robbery, Allen and the five other conspirators discussed using force, including the possible use of firearms, to intimidate bank personnel. One man took a bag of guns out of his truck and showed his weapon to the others. The group drove to the bank in four vehicles, one of which was a van that was to be the getaway vehicle. Five men entered the bank. Allen was unarmed and, as the designated getaway driver, remained outside. One of the robbers used a gun to pistol-whip two bank employees. Allen was not in the van when the robbers emerged from the bank, so they drove away in the remaining vehicles. Three of the robbers spotted Allen walking down the street, and summoned him to join them in their vehicle, which he did. Police arrested the four later that day. The jury found Allen guilty on all counts, and he appealed his conviction on the § 924(c) gun charge to the Ninth Circuit Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Rawlinson, J.)

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