United States v. Julius Womack

364 F. App'x 560
Court of Appeals for the Eleventh Circuit·Decided February 4, 2010·No. 09-13287·Unpublished·Cited by 1 cases

Opinion

PER CURIAM:

Julius Womack appeals his total 216-month sentence for bank robbery and use of a firearm in furtherance of a crime of violence. Womack argues that he should not have been subject to 18 U.S.C. § 924(e)(l)(A)(iii)’s enhanced statutory minimum penalty for his codefendant’s discharge of a firearm during a crime of violence, because the discharge was not reasonably foreseeable. For the reasons set forth below, we affirm.

I.

Womack was charged with aiding and abetting bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d), and 18 U.S.C. § 2, (“Count 1”); and aiding and abetting use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c) and 18 U.S.C. § 2, (“Count 3”). Womack pled not guilty to both counts and proceeded to trial.

At trial, Linda Gooden, a teller at the RBC Bank on St. Stephens Road, in Mobile, Alabama, testified that, on November 26, 2008, a man who she later identified as Donald Womack (“Donald”) 1 entered the bank, fired two gunshots into the ceiling, and ordered her and another teller to open *562 their teller drawers. Donald removed money from the drawers, placed it in a plastic bag, and left the bank. Gooden explained that the bank used bait money— bundled money that contained a GPS tracking device.

Greg Evans, an officer with the Mobile Police Department, responded to the RBC Bank robbery. As he drove toward the bank, he received a signal from the GPS tracking device that had been placed inside the bait money. Evans determined that the signal was coming from Womack’s vehicle and conducted a traffic stop on the vehicle. Womack was driving the vehicle and Donald was hiding in the trunk.

Michael Kelley, a sergeant with the Mobile Police Department, testified that he searched Womack’s vehicle and discovered two tracking devices, a white plastic bag containing United States currency, and a loaded nine-millimeter pistol in the trunk of the vehicle.

Donald testified that he entered the RBC Bank on November 26, 2008, fired two shots into the ceiling, took money out of a couple of teller drawers, and placed the money into a small white plastic grocery bag. He then exited the bank, walked to his mother’s house, and jumped into the trunk of Womack’s car. Donald stated that, the night before the robbery, he told Womack that he was going to rob a bank and needed a gun. Womack told Donald that he could get a gun. The next morning, Womack called a man who agreed to provide a gun. Womack, accompanied by Donald, then drove to a house, and a man entered the backseat of Wom-ack’s vehicle and handed a gun to Wom-ack. Womack set the gun on the armrest and told the man in the backseat that he would bring the gun back later. The man then exited the vehicle. Womack eventually dropped off Donald across the street from the RBC Bank and returned to Donald’s mother’s house, where Womack and Donald had planned to meet after the robbery.

After testimony completed, Womack moved for a directed verdict of acquittal, which the court denied. The court’s jury instructions included the Eleventh Circuit Pattern Jury Instruction with respect to aiding and abetting liability. The jury found Womack guilty of both Counts 1 and 3.

According to the presentence investigation report (“PSI”), Womack was subject to a guideline range of 84 to 105 months’ imprisonment on Count 1. With respect to Count 3, Womack was subject to a mandatory consecutive minimum term of 10 years’ imprisonment, pursuant to 18 U.S.C. § 924(c)(1)(A)(iii), because a firearm was discharged during the offense. Neither party filed objections to the PSI.

At the sentencing hearing, neither Wom-ack nor the government objected to the factual findings or guideline calculations contained in the PSI, and the court adopted the PSI, finding that the guideline calculations were accurate. The court sentenced Womack to 216 months’ imprisonment, consisting of 96 months on Count 1 and a consecutive term of 120 months on Count 3, to be followed by 5 years’ supervised release. At the conclusion of the sentencing proceeding, both of the parties stated that they had no additional objections.

II.

We “consider! ] sentence objections raised for the first time on appeal under the plain error doctrine to avoid manifest injustice.” United States v. Stevenson, 68 F.3d 1292, 1294 (11th Cir.1995). In order for us to correct plain error, “(1) there must be error; (2) the error must be plain; and (3) the error must affect substantial *563 rights.” Id. If these criteria are met, we may correct the plain error if it “seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 736, 113 S.Ct. 1770, 1779, 123 L.Ed.2d 508 (1993).

Under 18 U.S.C. § 924(c)(l)(A)(iii), “any person who, during and in relation to any crime of violence ... uses or carries a firearm ... shall, in addition to the punishment provided for such crime of violence ... [,] (iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.” 18 U.S.C. § 924(c)(1)(A)(iii). Section 2 of Title 18 provides that “[w]hoever ... aids, abets, counsels, commands, induces or procures [the commission of an offense against the United States] is punishable as a principal.” 18 U.S.C. § 2(a).

III.

Free access — add to your briefcase to read the full text and ask questions with AI

United States v. Julius Womack, 364 F. App'x 560 (11th Cir. 2010).

364 F. App'x 560 (United States v. Julius Womack) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Womack v. United States
176 L. Ed. 2d 1262 (Supreme Court, 2010)