United States v. John Hatton

643 F. App'x 574
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 16, 2016
Docket14-6553
StatusUnpublished
Cited by1 cases

This text of 643 F. App'x 574 (United States v. John Hatton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. John Hatton, 643 F. App'x 574 (6th Cir. 2016).

Opinions

ROSE, District Judge.

Defendant-Appellant John Hatton raises three issues subsequent to his trial and sentencing for robbing a bank and robbing a smoke shop: whether' the trial court violated his substantial rights when it denied his motion for separate trials; wheth[575]*575er the trial court committed plain error by-listing facts for the jury to consider in determining the existence of a nexus to interstate commerce; and whether the trial court committed procedural error in concluding that it could not consider Hat-ton’s spouse’s cooperation in determining whether to grant a variance at sentencing. Because none of these issues warrants reversal in the context of Hatton’s case, the appeal will be denied.

On Friday, October 21, 2011, at about 6:00 p.m., John Hatton attempted to rob the M & I Smoke Shop, a small convenience store in Louisville. (Doc. 230, at PageID# 1596-1599, 1616.) Holding a revolver, Hatton ordered the proprietor, “Give me all your money or I’ll kill you....” (Id. at PageID# 1598-99.) The shop owner wrested the revolver away from him. (Id. at PageID# 1600-01.) When Hatton tried to flee, the owner shot him in the leg. (Id.) The entire incident was captured by the store’s video security cameras. (Id. at PageID# 1607-08.) Hatton was held on state criminal charges. (Doc. 231, at PageID# 1804, 1738.)

Three months earlier, in July 2011, Louisville Metro Police Department had begun investigating a series of armed robberies. (Doc. 156, PageID# 977-78). Eight armed robberies — some by a white female, some by a male at a location the woman had robbed, and some by a white female accompanied by a male — left the police with a suspicion that all the robberies were committed by a robbery ring connected to the white female. (Id. at Paged# 980). These robberies included a September 23, 2011 bank robbery by a white female and a white male a month before Hatton’s arrest and a January 23, 2012 robbery of the same bank by a white female and a black male three months after Hatton’s arrest.

Around January 28, 2012, a few days after the second bank robbery fitting the pattern of the white-female led ring, the police received a tip from a parent whose child went to school with the child of a white female named Jillian Wojciechowski. (Id. at PageID# 948-49). Specifically, the parent overheard Wojciechowski’s daughter say that her mother, Wojciechowski, had been on the news for robbing a bank. (Doc. 259, PageID# 2015). The police identified the getaway car from the January 2012 bank robbery as Wojciechowski’s. (Doc. 156, PageID# 950-51). Thus, Wojciechowski became the primary suspect in the robbery ring, along with her live-in boyfriend, Dean Ridge. (Doc. 231, Pa-geID# 1766). Over the next several months, the police conducted surveillance of Ridge and Wojciechowski. (Id. at Pa-geID# 1767). In March 2012, police photographed Wojciechowski in the company of two black males, Joshua Ewing and Vincent Coleman. (Doc. 156, PageID# 900, 907; # 953-56).

Police learned of Wojciechowski’s and Ridge’s ties to Coleman when they tracked Wojciechowski’s car to an overnight stay at Coleman’s wife’s home. (Id. at PageID# 955-56). Coleman sold Wojcie-chowski and Ridge drugs and guns that were used in various armed robberies. (Doc. 156, PageID# 874-76).

Meanwhile, with her husband in jail, Hatton’s wife, Sara, took action. In mid-April 2012, she called the Louisville Metro Police offering to help build a drug trafficking case against an acquaintance of hers, Jillian Wojciechowski. (Doc. 259, Pa-gelD# 2017-19.) Sara Hatton said she was volunteering her help to qualify her husband for a shorter sentence for the smoke shop offense. (Id. at Pa-gelD# 2018-19.) Sara Hatton gave no indication that her husband had requested [576]*576or in any way procured her cooperation with the authorities. (Id.)

Investigators had Sara Hatton record telephone conversations with Wojciechow-ski. (Doe. 231, PagelD# 1767-71.) Sara Hatton next recorded Wojciechowski selling her drugs and discussing a bank robbery. (Doc. 230, at PagelD# 1689; see also doc. 248, at PagelD# 1914-16.)

Days after Sara Hatton’s undercover meeting, investigators arrested Wojcie-chowski and Ridge and searched their house. (Doc. 231, at PagelD# 1771-73.) Wojciechowski submitted to questioning by detectives, and she confessed her role in the bank robberies. (Id. at Pa-gelD# 1777-80; Doc. 230, at Pa-gelD# 1682-88.)

During that first interrogation, Wojcie-chowski told detectives she had an accomplice in the first bank robbery: John Hat-ton. (Doc. 231, at PagelD# 1782-83.) Wojciechowski later accused Sara Hatton of complicity as well. (Doc. 230, at Pa-gelD# 1672-73.) Hatton and Ridge had met each other about six months before the September 23, 2011 bank robbery. (Doc. 230, at # 1636). The night before the September 23 bank robbery, the Hat-tons went to Wojciechowski’s and Ridge’s home to spend the night. (Id. at Pa-gelD# 1638). The four of them discussed robbing Your Community Bank, where Ridge had an account. (Id. at Pa-gelD# 1634,1638,1672).

Sara Hatton had worked in banking and gave advice on how to avoid dye packs, bait bills, and silent alarms that would be triggered by removing money from teller drawers. (Doc. 230, at PageID#1641-43; 1673-74). Sara explained getting money from the vault could avoid those alarms. (Id. at PagelD# 1642). Sara, who was pregnant, was not going along with the others on the robbery, but participated in the planning by providing her advice. (Id. at PagelD# 1673). The next day, Ridge drove Hatton and Wojciechowski to the Your Community Bank in Hatton’s Jeep Cherokee. (Id. at PagelD# 1635, 1670). Ridge sat in the car as Hatton and Wojcie-chowski went into the bank. (Id. at # 1646,1674,1676).

Multiple bank surveillance cameras captured the robbery on video. (Doc. 229, at PagelD# 1658-61). While Hatton wore a ski mask, the jurors could thus compare the male bank robber’s stature and few visible features of Hatton’s.

The robbers got a total of $120,721.62. (Id. at # 1564). Ridge drove Hatton and Wojciechowski to an empty house he-was painting and split the money, one-half for Hatton, and one-half for Wojciechowski. (Doc. 230, PagelD# 1646-47).

Wojciechowski and Ridge were both taken into custody on May 16, 2012. Wojcie-chowski said that the then-pregnant Sara Hatton had stayed at Wojciechowski’s house during the robbery, and as soon as the crime was done and the robbers had split the money, Hatton rushed back to Wojciechowski’s house, picked up his about-to-deliver wife, and sped to the hospital. (Id. at PagelD# 1680.) Sara was admitted to the maternity ward by mid-afternoon (id.), and delivered a baby boy shortly after midnight. (Doc. 221, at Pa-gelD# 1458.) Ridge made similar allegations about the Hattons. (Id. at Pa-gelD# 1638-1642.) Sara Hatton was killed in an automobile accident in August 2012. (Doc. 229, PagelD# 1514.)

That same month, Wojciechowski was charged in the initial federal indictment for twice robbing the Your Community Bank branch. (Doc. 1, PagelD# 1-3). In March 2013, the grand jury returned a Superseding Indictment, adding bank robbery and firearms charges against both Hatton and Joshua Ewing for the Septem[577]*577ber 2011 and January 2012 bank robberies. (Doc. 22, PagelD# 46-50).

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643 F. App'x 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-hatton-ca6-2016.