United States v. Bryan Timothyleenard Smith

255 F. App'x 391
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 13, 2007
Docket06-14881
StatusUnpublished

This text of 255 F. App'x 391 (United States v. Bryan Timothyleenard Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bryan Timothyleenard Smith, 255 F. App'x 391 (11th Cir. 2007).

Opinion

PER CURIAM:

Bryan Timothyleenard Smith appeals his convictions, after a jury trial, for conspiracy to obstruct commerce, a violation of 18 U.S.C. §§ 1951, 2; obstruction and attempted obstruction of commerce by robbery, a violation of 18 U.S.C. §§ 1951, 2; and carrying a firearm, which was discharged and brandished during a crime of violence, a violation of 18 U.S.C. §§ 924(c)(1)(A), (c)(l)(A)(iii), (2). Smith also challenges his sentence of 140 years’ imprisonment. On appeal, Smith argues the evidence was insufficient to support his convictions, and also claims that the district court improperly determined the Sentencing Guidelines range and imposed an unreasonable sentence. 1 After careful review, we affirm.

*393 i.

We review challenges to the sufficiency of the evidence de novo, viewing the evidence in the light most favorable to the jury’s verdict and drawing all reasonable inferences in favor of the verdict. United States v. Hernandez, 433 F.3d 1328, 1332 (11th Cir.2005), cert. denied 547 U.S. 1047, 126 S.Ct. 1635, 164 L.Ed.2d 346 (2006). “It is not necessary that the evidence exclude every reasonable hypothesis of innocence or be wholly inconsistent with every conclusion except that of guilt,” United States v. Harris, 20 F.3d 445, 453 (11th Cir.1994), because “[a] jury is free to choose among reasonable constructions of the evidence,” United States v. Vera, 701 F.2d 1349, 1357 (11th Cir.1983). To the extent that some of Smith’s sufficiency challenges were not raised below — in moving for a judgment of acquittal, Smith did not argue that the evidence failed to establish the requisite interstate commerce nexus — our review is for plain error. See United States v. Bichsel, 156 F.3d 1148, 1150 (11th Cir.1998). Plain error is only found where: (1) there is an error; (2) the error is obvious; (3) the error affects the defendant’s substantial rights; and (4) the error “seriously affects the fairness, integrity, or public reputation of a judicial proceeding.” United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

The standards of review for Smith’s sentencing claims are straightforward. We accept a district court’s factual findings under the Guidelines, unless those findings are clearly erroneous. United States v. Jordi, 418 F.3d 1212, 1214 (11th Cir.2005). We deferentially review the final sentence imposed by the district court for reasonableness. United States v. Winingear, 422 F.3d 1241, 1245 (11th Cir.2005). Even so, we do not presume reasonable a sentence within the properly calculated Guidelines range. See United States v. Hunt, 459 F.3d 1180, 1185 (11th Cir.2006). However, we ordinarily expect a sentence within the guideline range to be reasonable. United States v. Talley, 431 F.3d 784, 787-88 (11th Cir.2005).

II.

The relevant facts are these. On February 22, 2006, in a superseding indictment, Smith and Jamail Hogan, who is Smith’s half-brother, were charged with: (1) conspiring to obstruct commerce by robbery, in violation of 18 U.S.C. §§ 1951 and 2 (Count One); (2) carjacking with serious bodily injury, in violation of 18 U.S.C. §§ 2119, 2119(2) and 2 (Count Two); (3) three counts of carrying and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A), 924(c)(l)(A)(ii), and 2 (Counts Three, Eight, and Ten); (4) three counts of obstructing commerce by robbery, in violation of 18 U.S.C. §§ 1951 and 2 (Counts Four, Six, and Nine); (5) three counts of carrying and discharging a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A), 924(c)(l)(A)(iii), and 2 (Counts Five, Seven, and Twelve); and (6) attempting to obstruct commerce by robbery, in violation of 18 U.S.C. §§ 1951 and 2 (Count Eleven). Smith pled not guilty to all charges and proceeded to a jury trial. 2

At trial, Smith made no opening statement and presented no evidence, instead *394 choosing to assert his theory of defense— that although he drove the getaway car to some of the armed robberies, he remained in the car and did not know that his two companions were robbing the stores — solely through cross-examination of three of the government’s eighteen witnesses.

The government presented the following evidence. In the evening of November 26, 2005, around 5:00 p.m., Mark Baron was visiting a friend at the Sunshine Motel in Winter Haven, Florida, when Hogan and another man, both wearing bandanas and hats to conceal their faces, kicked in the door to the motel room.

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Related

United States v. Bell
137 F.3d 1274 (Eleventh Circuit, 1998)
United States v. Bichsel
156 F.3d 1148 (Eleventh Circuit, 1998)
United States v. Gamboa
166 F.3d 1327 (Eleventh Circuit, 1999)
United States v. Vika Verbitskaya
406 F.3d 1324 (Eleventh Circuit, 2005)
United States v. Scott A. Winingear
422 F.3d 1241 (Eleventh Circuit, 2005)
United States v. Stephen John Jordi
418 F.3d 1212 (Eleventh Circuit, 2005)
United States v. Quan Chau
426 F.3d 1318 (Eleventh Circuit, 2005)
United States v. Jason M. Moriarty
429 F.3d 1012 (Eleventh Circuit, 2005)
United States v. Arturo Hernandez
433 F.3d 1328 (Eleventh Circuit, 2005)
United States v. John Kevin Talley
431 F.3d 784 (Eleventh Circuit, 2005)
United States v. Steven Gibson
434 F.3d 1234 (Eleventh Circuit, 2006)
United States v. Jermaine Hunt
459 F.3d 1180 (Eleventh Circuit, 2006)
United States v. Olano
507 U.S. 725 (Supreme Court, 1993)
Deal v. United States
508 U.S. 129 (Supreme Court, 1993)
United States v. Harris
20 F.3d 445 (Eleventh Circuit, 1994)
United States v. Williams
456 F.3d 1353 (Eleventh Circuit, 2006)

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255 F. App'x 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bryan-timothyleenard-smith-ca11-2007.