United States v. Shane Hare

820 F.3d 93
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 19, 2016
Docket14-4758, 14-4770, 14-4882
StatusPublished
Cited by53 cases

This text of 820 F.3d 93 (United States v. Shane Hare) 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. Shane Hare, 820 F.3d 93 (4th Cir. 2016).

Opinions

Affirmed by published opinion. Judge-FLOYD wrote the' opinion, in which Judge SHEDD and Judge BIGGS joined. Judge SHEDD wrote a separate concurring opinion.

FLOYD, Circuit Judge:

. A jury convicted Appellants Shane Hare, Gregory Williams, and Antonio Edwards of drug, robbery, and firearm offenses based on their participation in a plan to rob a cocaine “stash house.” Unbeknownst to. Appellants, the stash house did not actually exist,, but was fabricated by undercover federal agents as part of a sting operation. Appellants challenge the district court’s denial of their motion for discovery into potential race discrimination by law enforcement and motion to dismiss the indictment on due process grounds. They also challenge various other aspects of their convictions. For the reasons set forth below, we affirm.

I.

In February 2013, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) received information from a confidential informant identifying Marvin Bowden as an armed drug trafficker and suspect in several burglaries, armed robberies, and home invasions in Prince George’s County, Maryland. Based on this • information, ATF and the Prince George’s ■ County Police Department (PGPD) initiated an undercover operation whereby they would present Bowden with the opportunity to rob a fictitious cocaine stash house and, if all went according to plan, ultimately arrest him. and any accomplices for conspiring to traffic drugs and related crimes.1

On April 19, 2013, PGPD undercover detective William Weathers met with Bow-[96]*96den to inform him of a potential opportunity to rob a drug stash house. Detective Weathers explained that he knew someone involved in drug trafficking who was looking for a group of people to help him rob a stash house containing several “bricks” of cocaine. J.A. 42, 246. In response, Bow-den stated “that’s what I do!”' several times and indicated that he usually worked with two’ or three other people. J.A. 42. Bowden and Detective Weathers discussed the robbery further before Bowden left, telling Detective Weathers to let him' know how many people to bring. ■ :

On May 3, 2013, ‘Detective Weathers again met with Bowden and' introduced him to ATF Special Agent Christopher Rogers, also acting undercover.2 Agent Rogers told Bowden that he was a drug courier for a Mexican cartel whose job was to transport 5 kilograms of cocaine each month from the cartel’s stash house in Baltimore to Richmond, Virginia. Agent Rogers- explained that he wanted to rob the stash house because he was unhappy with his pay and needed an experienced crew because the house, which contained an additional 10 to 15 kilograms of cocaine, was guarded by three heavily armed men. Bowden agreed to commit the.robbery, stating that he had a crew of three or four people and “that’s what we do for a living.” J.A. 43. Agent Rogers asked if Bowden had weapons and1 Bowden confirmed that he did, again stating, “that’s all we do!” Id.

On May 9, 2013, Agent Rogers met with Bowden and his crew, consisting of Appellants Hare, Williams, and Edwards. Bow-den himself recruited Appellants, none-of whom were previously known to ATF. At the meeting, Agent Rogers repeated his story of being a disgruntled drug courier looking for a crew to rob his cartel’s stash house. Agent Rogers stated that he wanted to keep 2 kilograms of cocaine for himself but the' crew could divide whatever else they were able- to seize, emphasizing that the stash house contained 10 to 15 kilograms of cocaine. He also cautioned that the stash house guards had a “chopper” (i.e., an automatic weapon). The crew (led by Edwards) discussed how to execute the robbery. They decided that the fastest two, Hare and Williams, would enter first while shouting “police!” and secure the chopper. Bowden and Edwards would follow and secure, the guards using zip ties and duct tape. If necessary, Appellants and Bowden would shoot the guards below the waist but would not shoot to kill. When Agent Rogers asked if Appellants had weapons, Edwards replied “[everybody got their • own. gun,” and Williams confirmed, “[t]hat ain’t no problem.” J.A. 780. Edwards also proposed a “Plan B” in case they were unable to enter the stash house. .Under Plan B, Bowden and Appellants would pretend to rob Agent Rogers of his 5 kilogram shipment, and the group would split the lesser amount. Agent Rogers stated that he could procure a rental car . for their getaway. Appellants agreed to. the plan and gave Agent Rogers their phone numbers.

Appellants, Bowden, and Agent Rogers next met on -May 14, 2013. Agent Rogers informed the group that his next drug pick-up would be at 1:00 p.m. two days later, on May 16, which is when the robbery would occur. . Edwards, confirmed that the group was “ready.” J.A. 795. Agent Rogers advised that they should be assembled by 10:00 a,m. on the day of the robbery, and Bowden proposed staying in a hotel the. night before so they would already be together. The crew (again led by Edwards) reviewed the plan (i.e., Plan [97]*97A), including that once Agent Rogers entered the stash house to pick up his shipment, Bowden and Appellants would burst in and Agent Rogers would “hit the floor” to avoid getting shot. J.A. 798. Bowden and Appellants would also wear gloves and get haircuts to avoid leaving fingerprints or DNA.. When Agent Rogers asked about their weapons, Williams confirmed that they would bring “hand tools” and potentially an. automatic pump shotgun. The group again discussed Plan B if Appellants and Bowden could not enter the stash house to execute Plan A.

On May 16, 2013, Bowden and Appellants met Agent Rogers at a storage facility, which was the predetermined staging location for the robbery. The crew confirmed that they were ready to proceed and reviewed both Plan A and Plan B. Williams confirmed that they would be armed. Agent Rogers then gave the take-down signal and ATF 'agents surrounded the group, arresting Bowden and Appellants. ATF agents recovered a Kimber brand firearm'from inside a locked glove box in Bowden’s vehicle, a Beretta brand firearm that Hare had thrown under thé vehicle, a black mask, and a pair of gloves.

Appellants were each charged with the same four counts: (1) conspiracy to interfere with commerce by robbery (i.e., a “Hobbs Act” robbery), in violation of 18 U.S.C. § 1951(a); (2) conspiracy to possess with the intent to distribute, cocaine, in violation of 21 U.S.C. § 846; (3) conspiracy to possess a firearm in furtherance of a drug trafficking crime or a crime of violence, in violation of 18 U.S.C. § 924(o); and (4) possession of a firearm in furtherance of a drug trafficking crime or a crime of. violence, in violation of 18 U.S.C. § 924(c).3 Edwards was additionally charged with being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1).

• Before trial, Appellants moved for discovery into whether race played a role in ATF’s decision to target Bowden and Appellants for a stash house sting operation.

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Bluebook (online)
820 F.3d 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-shane-hare-ca4-2016.