United States v. Ronn Darnell Sterling

738 F.3d 228, 92 Fed. R. Serv. 1327, 2013 WL 6164060, 2013 U.S. App. LEXIS 23401
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 21, 2013
Docket12-12255
StatusPublished
Cited by210 cases

This text of 738 F.3d 228 (United States v. Ronn Darnell Sterling) 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. Ronn Darnell Sterling, 738 F.3d 228, 92 Fed. R. Serv. 1327, 2013 WL 6164060, 2013 U.S. App. LEXIS 23401 (11th Cir. 2013).

Opinion

RESTANI, Judge:

Defendants-Appellants Ronn Sterling (“Sterling”) and Cornell Brumfield (“Brumfield”) appeal their convictions for armed bank robbery, use of a firearm during and in relation to a crime of violence, and possession of a firearm by a convicted felon. Sterling argues that his right to be present at trial under Federal Rule of Criminal Procedure 43 was violated, and both defendants argue that evidence of their prior convictions was inadmissible. Additionally, Brumfield argues that there was insufficient evidence to find him guilty on the gun charge. The district court found that Sterling waived his right to be present at trial, that the evidence of prior convictions was admissible as to both defendants under Federal Rule of Evidence 404(b), and that there was sufficient evidence to sustain the convictions. For the reasons set forth below, we affirm.

I. BACKGROUND'

On January 14, 2010, a masked man vaulted over the teller counter of a Regions Bank in Smyrna, GA, and robbed the bank using a silver handgun. After emptying the tellers’ drawers, the man exited the bank and ran behind a shopping center located behind the bank, removing his mask as he ran. He then ■ disappeared from the view of witnesses, who next saw another man remove a piece of paper covering the license tag of a vehicle while leaning over the trunk. Based on an eyewitness’s tip, police officers located a vehicle matching the description of the getaway car. The car was owned and driven by Defendant Brumfield. Although Brum-field’s daughter was in the car, the alleged bank robber was not found. Police officers attempted to open the trunk of the vehicle, but,they were unable to access it either from the outside or the back seat, even though there was evidence that the trunk previously had functioned well. Brumfield’s vehicle was then towed to the impound lot of the Smyrna Police Department-by a private wrecker truck. Upon arriving at the lot, the truck driver began the process of unhooking the vehicle when he saw an individual matching the bank robber’s description lying on the side of the flatbed, next to the open backseat door of the car. The suspect walked away without being apprehended. In the trunk of the ear, police officers eventually found a bag with clothing matching the description of the bank robber’s clothing as well as a silver firearm. The bag of clothing had both Brumfield’s and Sterling’s fingerprints, and Sterling was a major contributor of the DNA found inside the gloves.

Defendants were charged in a three-count indictment in connection with the bank robbery. The charges included armed bank robbery, 18 U.S.C. § 2113(a), (d), use of a firearm during and in relation to a crime of violence, id. § 924(c)(1)(A), (c)(1)(C)®, and possession of a firearm by a convicted felon, id. §§ 922(g)®, 924(a)(2). In a pretrial hearing, the court decided, over an objection, to admit evidence under Federal Rule of Evidence 404(b) of Sterling’s and Brumfield’s prior convictions for bank robbery. The convictions stemmed from a bank robbery in Oklahoma in 1995 *233 and involved Brumfield, Sterling, and a third person. During that robbery, the criminals brandished a silver firearm, vaulted the counter of the bank, wore masks, and used a getaway driver. At the pretrial hearing, the government sought to admit evidence of the convictions for a litany of purposes, including to show motive, intent, preparation, plan, knowledge, etc. The court granted the government’s request, ostensibly allowing the evidence for the purpose of proving motive, identity, preparation, and plan.

Sterling actively participated in the pretrial hearing. His jury trial began on January 17, 2012. When the court called the case and addressed preliminary matters, the judge was informed by Sterling’s counsel and the U.S. marshal that Sterling did not want to have anything to do with the trial. Sterling, however, did agree to speak with the court in an interview room. The judge, court reporter, government counsel, and Sterling’s attorney obliged and moved proceedings there.

The judge explained to Sterling his right to be present at trial and during the jury selection process. The judge also explained that Sterling’s repeated interruptions would cause him to' be labeled a disruptive defendant and removed from court. Based on Sterling’s communications with his attorney and Sterling’s active participation in the pretrial hearing, the judge believed that Sterling had a full understanding of what was transpiring, despite his repeated utterance of, “I do not understand what’s going on. I do not accept no offers of the court.”

The judge told Sterling that if he did not respond to the court’s questions and if he continued to interrupt the court, these actions would be deemed a waiver of his right to be present at trial. The judge reiterated these warnings several times, but Sterling responded by repeating the same nonsensical phrases. The judge noted that Sterling likely was refusing to come to the courtroom to avoid identification by a witness, a concern that Sterling had expressed at the pretrial hearing. 1 Finally, the judge said, “I find that you’re a disruptive defendant, that you understand what I’m trying to tell you, and that you’ve waived your presence in the courtroom.” Whén the court reconvened in the courtroom, ■ the judge stated that Sterling had waived his right to be present and Sterling’s attorney conceded, “in his refusal to come' up here ... he was in fact waiving his right to be up here.” The trial then continued without Sterling’s presence, although he was provided a live video feed of the proceedings, and his counsel was permitted to meet with him during breaks in the trial.

During the trial, the judge asked a marshal and Sterling’s counsel to ensure Sterling could view the proceedings and to remind him that he could come watch the trial in person at any time. The marshal reported back that the equipment was working properly so that Sterling could hear and view the proceedings but that he was trying to avoid watching it. After the government rested, the judge visited Sterling again. The judge advised Sterling of *234 his right to testify and present evidence, but Sterling remained non-responsive. The court continued the trial without Sterling.

At the close of trial, the judge instructed the jury -regarding the limited bases for which it could consider the evidence of prior convictions, borrowing largely from the instruction proposed by Sterling:

Now, during the trial you’ve heard evidence of acts done by the defendants on other occasions, that is, armed bank robbery. ’It may be similar to acts the defendants are currently charged with. You must not consider any of this evidence to decide whether the defendants committed the acts charged here in this indictment now, but you may consider this evidence- for other very limited purposes.

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Cite This Page — Counsel Stack

Bluebook (online)
738 F.3d 228, 92 Fed. R. Serv. 1327, 2013 WL 6164060, 2013 U.S. App. LEXIS 23401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ronn-darnell-sterling-ca11-2013.