United States v. Paul Adkins, Jr.

937 F.2d 947, 1991 U.S. App. LEXIS 12843, 1991 WL 106136
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 20, 1991
Docket90-5047
StatusPublished
Cited by104 cases

This text of 937 F.2d 947 (United States v. Paul Adkins, Jr.) 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. Paul Adkins, Jr., 937 F.2d 947, 1991 U.S. App. LEXIS 12843, 1991 WL 106136 (4th Cir. 1991).

Opinions

K.K. HALL, Circuit Judge:

Paul Adkins appeals his conviction following a jury trial of carrying or using a firearm in relation to a crime of violence. He also appeals his sentences for the firearm conviction and the underlying crime of violence, bank robbery, to which he pleaded guilty.

I.

On September 27, 1989, Adkins met with three coconspirators (Robert Baldwin, Roderick Jackson, and Gary Hall) at Baldwin’s house in Salisbury, North Carolina. Though they made no specific plans, the four discussed committing a bank robbery the next day.

On the following day, at Baldwin’s suggestion, the four drove to Mount Pleasant, [949]*949North Carolina, because Baldwin knew of a good bank to rob there. They arrived at the bank at 9:45 a.m.

Baldwin went inside to “case” the situation. He came back out and reported that everything was clear. The group decided that Jackson and Hall would actually rob the bank. Baldwin gave Hall a brown pouch with a .32 revolver inside. Adkins provided Jackson a gun and Hall some mascara. Hall attempted to disguise himself with the mascara by drawing a mole on his cheek.

At 10:45, Jackson and Hall entered the bank, brandished the guns, and demanded money from two different tellers. The tellers filled bags supplied by the robbers with nearly $3,300. Jackson then ordered the tellers to lie on the floor. He told them that “someone outside” was watching and would kill them if they did not stay put.

Jackson and Hall ran from the bank to their waiting compatriots. Adkins was at the wheel of the getaway car, Jackson’s Ford Escort.

Within moments, local police were aware of the robbery. Lieutenant Barringer of the county sheriffs office was sitting in his stopped patrol car. The Escort happened to pass, and all four occupants of the vehicle turned around and stared directly at the officer. His suspicion aroused, Bar-ringer pulled out to follow the Escort. He put on his siren and blue light, but Adkins did not pull over.

After Barringer had followed for a mile, Adkins suddenly stopped the Escort in the middle of the highway. Barringer was then sufficiently alarmed to call for assistance.

Baldwin, Hall, and Adkins fled into nearby woods. They ignored Barringer’s commands to stop. Jackson was arrested. He gave permission for a search of the vehicle. Barringer found Baldwin’s .32 revolver and a brown paper bag containing $858. According to Hall’s later testimony, Adkins had retrieved his gun from Jackson after the robbery and had buried it somewhere in the woods.

Other county police officers arrived. They found and arrested Hall and Adkins in the surrounding woods. Baldwin was not captured until later that evening, after breaking into a house and forcing its female occupant to drive him to Charlotte, North Carolina.

All four perpetrators were charged in a five-count indictment on October 30, 1989. Adkins was named in Count I (bank robbery — 18 U.S.C. § 2113) and Count 5 (carrying or using a firearm in relation to a crime of violence — 18 U.S.C. § 924(c)). On both counts, the government’s theory was that Adkins was an aider and abettor. Jackson and Hall pleaded guilty to the charges against them, and Hall testified against Baldwin and Adkins. Adkins pleaded guilty to the bank robbery charge, but went to trial on the firearm count.1

Adkins was found guilty by a jury. He was sentenced as a career offender to consecutive terms of 210 months for bank robbery and 60 months for use of a firearm. He appeals the firearm conviction and the total sentence.

II.

The district court instructed the jury that:

The indictment or formal charge against any defendant is not evidence of guilt. Indeed, each defendant is presumed by the law to be innocent. The law does not require a defendant to prove his innocence or produce any evidence at all. And if a defendant elects not to testify, you may not consider that in any way during your deliberations.
The Government has the burden of proving each defendant guilty beyond a reasonable doubt. And if it fails to do so, you must find that defendant not guilty. Thus, while the Government’s burden of proof is a strict or heavy burden, it is not necessary that a defendant’s guilt be proved beyond all possible doubt. It is [950]*950only required that the Government’s proof exclude any reasonable doubt concerning a defendant’s guilt.

Appellant argues that this instruction attempted to define “reasonable doubt” by stating that the government need not prove guilt “beyond all possible doubt.” Therefore, appellant asserts, the district court should have given a “complete” definition.

This circuit has repeatedly warned against giving the jury definitions of reasonable doubt, because definitions tend to impermissibly lessen the burden of proof. Murphy v. Holland, 776 F.2d 470, 475 (4th Cir.1985), vacated on other grounds, 475 U.S. 1138, 106 S.Ct. 1787, 90 L.Ed.2d 334 (1986); United States v. Love, 767 F.2d 1052, 1060 (4th Cir.1985); Smith v. Bordenkircher, 718 F.2d 1273, 1276 (4th Cir.1983). Even where the defendant requests that reasonable doubt be defined, a district court need not do so. United States v. Headspeth, 852 F.2d 753, 755 (4th Cir.1988), abrogated on other grounds, Taylor v. United States, — U.S.-, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). The only exception to our categorical disdain for definition is when the jury specifically requests it. Id.

We agree with the government that the court’s instruction in this case did not even attempt to “define” reasonable doubt. It accurately stated that the government’s burden is not “beyond all possible doubt.” It left “reasonable doubt” to its “self-evident meaning comprehensible to the lay juror.” Murphy, 776 F.2d at 475.

III.

In order to find Adkins guilty of the firearms count, the district court instructed the jury that it had to find:

First, that the defendant committed bank robbery or aided and abetted someone else in committing bank robbery, the felony offense charged in Count One; Second, that such offense was a crime of violence;2
Third, that the defendant knowingly used or carried a firearm while committing the offense of bank robbery, or knowingly aided and abetted the use or carrying of a firearm by another person while committing the offense of bank robbery charged in Count One.

The appellant objected to the inclusion of the first element in this instruction, and now argues that the instruction was erroneous.

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Bluebook (online)
937 F.2d 947, 1991 U.S. App. LEXIS 12843, 1991 WL 106136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-paul-adkins-jr-ca4-1991.