United States v. Keith Reed

780 F.3d 260
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 11, 2015
Docket13-4835, 13-4836, 13-4837, 13-4839
StatusPublished
Cited by53 cases

This text of 780 F.3d 260 (United States v. Keith Reed) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Keith Reed, 780 F.3d 260 (4th Cir. 2015).

Opinion

Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge AGEE and Judge DIAZ joined.

FLOYD, Circuit Judge:

Four masked men committed a string of robberies around Alexandria and Arlington, Virginia, in December 2012. During the third and final robbery, the thieves took $60,411.15 from a credit union. They also unwittingly took three GPS tracking devices embedded in the cash. The GPS devices led police to the four appellants in this case: Keith Reed, Stanley Winston, Anthony Cannon, and Tobias Dyer (collectively, “Appellants”). Appellants were ultimately convicted at a jury trial for multiple offenses. In this consolidated appeal, Appellants challenge the admission of certain evidence and claim that there is insufficient evidence to convict them for any of the charged crimes. For the reasons stated below, we affirm their convictions.

I.

At trial the government proffered evidence, viewed in the light most favorable *264 to the government’s case, that supports the following narrative. United States v. Hassan, 742 F.3d 104, 139 (4th Cir.2014).

A.

At approximately 8:04 p.m. on December 7, 2012, three African American men entered the premises of WM, Inc., a business that sells cell phones and international phone cards in Alexandria, Virginia. When the men entered, a WM employee was serving a customer. The men — wearing ski masks and brandishing firearms— ordered the employee and customer to the floor and demanded that they not move. After unsuccessfully trying to breach a closed Western Union office that shared the premises with WM, the men grabbed approximately $800 from the WM cash register. They then fled in a Jeep driven by a fourth accomplice. Police recovered a Jeep the next morning, approximately a half mile from the WM store. The Jeep, which had been reported stolen, was damaged from a punched-in ignition, and the last four numbers of its license plate matched those provided by a witness to the WM robbery.

Camera footage of the robbery, along with witness testimony, revealed that two of the robbers who entered WM were tall (approximately six feet), while the third was shorter (approximately five feet, six inches). Two of the appellants — Cannon and Dyer — are six feet tall, while Winston is shorter at approximately five feet, six inches. Moreover, all the appellants are African American.

Cell-phone records show that Appellants had called each other numerous times' throughout the day of the robbery. There were no calls between them after 6:00 p.m., however, implying that they were together by that point. Phone records also show Appellants had traveled to Alexandria by 6:30 p.m., were near WM at 8:00 p.m., and had returned to their hometown of Washington, D.C., by 8:13 p.m. (just after the robbery), where they remained for the rest of the night.

B.

Two days later, on December 9 at approximately 6:30 a.m., three masked men brandishing firearms entered a Shoppers Food Warehouse in Alexandria, while a fourth man waited in.a Jeep outside. The robbers who entered the store were African American, and again two of them were tall while the third was shorter. One tall robber climbed a wall into a manager’s office, while the other two ordered employees and a customer to the ground while the robbers took money from cash registers. The robbers fled the store with $15,695. Later that' day, some of the appellants used their phones to take pictures of stacks of cash and themselves celebrating at a club. Police found a stolen Jeep, which was also damaged from a punched-in ignition, a week later in D.C. In the Jeep’s trunk, officers recovered cash tills containing receipts from the Alexandria Shoppers Food Warehouse.

Phone records again show that Appellants (primarily Dyer and Reed) made numerous calls to each other during the day of the robbery — this time in the early morning from midnight to 5:21 a.m. These records also show that although Reed, Cannon, and Dyer were all in D.C. before 5:30 a.m., at least Reed and Cannon were in Alexandria and near the Shoppers Food Warehouse by 6:15 a.m. — only 15 minutes before the robbery.

C.

Two weeks later, on December 22 at approximately 9:50 a.m., three masked men entered a Navy Federal Credit Union (“the Credit Union”) in Arlington, Virginia, *265 while a fourth waited in a Jeep outside. Once again, two of the robbers were tall, the other short. The short robber demanded money near the Credit Union’s main entrance. The tall robbers — one of whom had a semi-automatic handgun with a drum — style magazine — -jumped over the teller counter. One robber filled a trash can with money from the teller drawer, while another went to the Credit Union’s vault, where he took money and cash bags. The robbers fled with $60,411.15 and— unbeknownst to them — three GPS tracking devices hidden in the cash. A stolen Jeep matching the description of the escape vehicle was found later, again damaged with a punched-in ignition. In addition, the officers recovered a trash can in the Jeep’s front passenger area, similar to one the Credit Union robbers had reportedly used to transport the stolen bags of money.

Phone records show that Dyer, Winston, and Reed called each other several times in the hours before the robbery. Although they were all in D.C. during the early morning, records show that at least Winston was in Arlington near the Navy Federal Credit Union by 9:32 a.m. — approximately 18 minutes before the robbery.

D.

Law enforcement tracked the GPS signals to an area in southeast D.C. A police officer canvassed the area for four to six males. The officer saw Appellants walking on the street. One of the men left the group to drop a blue bag — later found to contain a hoodie and ski mask — across the street and then returned to the group. The officer asked the group whether they lived nearby and requested that they present identification. Reed then fled into woods, and the others followed.

Additional police officers arrived and joined in the pursuit. The officers apprehended each appellant one by one. When the officers spotted Reed, he had a blue cell phone in his hand and appeared to be talking on it. Despite orders to keep his hands up, Reed kept dropping his hands. When officers approached, an officer saw the phone and a black ski mask near Reed. Another officer detained Reed and placed his belongings (including the cell phone) in a property bag, which was transported to a police station. 1 The police also transported a bag labeled “Dyer” containing an iPhone 5 to the police station, although at trial the government offered no testimony about how this phone was seized. Officers found masks, money, and gloves strewn on the ground throughout the woods where Appellants were arrested.

After Appellants were apprehended, police found that the third GPS tracker was emitting signals from Cannon’s residence. In that house, police found three ski masks, two pairs of black gloves, thousands of dollars in cash, the third GPS tracker, and three firearms (including one with a drum-style magazine). In total, officers seized eight masks, which analysts found contained DNA consistent with Appellants’ DNA.

E.

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Cite This Page — Counsel Stack

Bluebook (online)
780 F.3d 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-keith-reed-ca4-2015.