United States v. William Ivon Turner

389 F.3d 111, 2004 U.S. App. LEXIS 23898, 2004 WL 2590681
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 16, 2004
Docket03-4719
StatusPublished
Cited by60 cases

This text of 389 F.3d 111 (United States v. William Ivon Turner) 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. William Ivon Turner, 389 F.3d 111, 2004 U.S. App. LEXIS 23898, 2004 WL 2590681 (4th Cir. 2004).

Opinion

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge PAYNE joined.

OPINION

WILKINSON, Circuit Judge:

William Ivon Turner robbed the Bank of Marion, in Smyth County, Virginia, and then car-jacked an automobile. A jury convicted him of armed robbery, carjacking, and violating federal gun and conspiracy laws. Turner was sentenced to life imprisonment. He now appeals on several grounds. First, he claims that the trial court erroneously failed to excuse members of the jury venire who held accounts in different branches of the Bank of Marion. Second, he argues that there was insufficient evidence to support a conviction under 18 U.S.C. § 2113(e) (2000), which penalizes forced accompaniment during a bank robbery. Finally, he disputes that the statutory maximum sentence under that statute is life in prison. We are unwilling to create a novel per se rule for juror disqualification, which would unjustifiably impede the role of the trial judge. Moreover, Turner’s statutory arguments fall short of the mark. We therefore affirm the judgment in all respects.

*114 I.

A.

Shortly before the close of business on December 26, 2002, Turner entered the Royal Oak branch of the Bank of Marion. Seated at her desk was Judy Cregger, the bank manager. Turner told her that he wished to open an account. As she approached him, he lifted his shirt to reveal a gun stuck in his belt, and said, “Ma’am, we’re going to the vault.” Cregger got the keys and led him to the vault. There he produced a pillowcase, ordering her to fill it with money. She placed some 12,000 one dollar bills in it, and told him that was all she had. The rest of the bank staff— no other customers were present — was unaware of the robbery until Turner, exiting the vault with the money, brandished his gun and ordered the tellers to get inside the vault. Once they were all inside, he left the bank and joined his companion, Merrie Ellen Reid.

Cregger left the vault less than two minutes after Turner ordered the group inside and managed to see a large white car with Florida tags leave the parking lot. A witness arrived at the bank parking lot during the robbery and saw Turner get into the car. Turner and Reid headed north onto Interstate 81. At around 5:30 that evening, the police pulled the car over. They saw only Reid in the front seat. Before the officers could get a view of the back seat, Reid sped off. She eventually parked at a rural home after apparently having car trouble. Living there was eighteen-year old Sean Hildreth, whom she asked for a ride to the store. He agreed. Before he pulled away, Turner appeared, begged for a ride, and jumped in.

The police, who had been chasing Reid and Turner, saw the white car on Hil-dreth’s property and at the same time saw Hildreth turn from the driveway. An officer of the State Police activated his lights to pull Hildreth over. Hildreth stopped the car in a high school parking lot, and the officer approached. Noticing Turner in the back seat, the officer reached for his weapon. Turner pointed his gun at the officer and the officer fled. Turner then put the gun to the back of Hildreth’s head, and said, “Drive.” When Hildreth was too scared to drive, Turner ordered him out of the car and assumed the driver’s seat. Before Turner could leave, officers surrounded the car. They arrested Turner and Reid, and recovered Turner’s gun and the pillowcase with $12,000 in it.

B.

Turner was indicted by a federal grand jury on January 8, 2003, and charged with nine counts: four counts of conspiracy, one count of aggravated armed bank robbery, one count of carjacking, two counts of possessing a firearm in furtherance of a crime of violence, and one count of possession of a firearm while being a felon and/or illegal user of controlled substances.

Jury selection commenced on March 27, 2003. No veniremen answered in the affirmative when the district judge asked if they held stock in the Bank of Marion, a federally-insured bank based in Marion, Virginia, with 12 branches. However, defense counsel ascertained that two veniremen held accounts in the Bank, but not at the Royal Oak branch where the crime occurred. Turner argued that these veniremen should be struck for cause, but the trial court declined to strike them.

During the trial, Reid testified that Turner had not robbed the bank, but that a man she called “Boogie” had done so. Boogie forced her to drive away, she said, and ran into the woods when the car was stopped at Hildreth’s home. Reid claimed that Turner had slept through all the com *115 motion. The jury concluded otherwise, convicting Turner of having perpetrated the crime as recounted above. The judge sentenced Turner to life imprisonment for four counts, and a period of years on the remaining counts.

Turner unsuccessfully raised three claims which he now brings on appeal. First, he asserts that his trial was tainted because the district judge did not strike the veniremen who held accounts in the Bank of Marion. Second, he argues that even if this was not error, the district court wrongly subjected him to conviction under the federal statute that penalizes “forced accompaniment” in the commission of a bank robbery. See 18 U.S.C. § 2113(e). Third, he claims that even if he were properly convicted under § 2113(e), the statutory maximum under these circumstances is 25 years, not life in prison as the district court held.

II.

Turner complains that the trial court did not strike for cause two veniremen who banked at a different branch of the Bank of Marion than the one that was robbed. Because all accounts were centralized, Turner argues that the veniremen were financially interested in the case and were biased per se.

We review challenges to the qualifications of jurors under an abuse of discretion standard. United States v. Jones, 608 F.2d 1004, 1007 (4th Cir.1979). It is the settled law of this circuit that a district judge retains a “very broad discretion in deciding whether to excuse a juror for cause and his decision will not be overturned except for manifest abuse of that discretion.” Poynter by Poynter v. Ratcliff, 874 F.2d 219, 222 (4th Cir.1989).

An abuse of discretion can be found in either of two ways. First, a district court abuses its discretion if it ignores a per se rule of disqualification after counsel moves to exclude a venireman. Second, if the court demonstrates a clear disregard for the “actual bias” of an individual venireman, reversal is justified. We consider both possibilities in turn.

Turner seeks a per se rule disqualifying from jury service depositors of a robbed bank, even when the accounts are held in different branches. He thinks the rule should especially apply when the bank is small and regional, like the Bank of Marion with its twelve branches. But appellate courts are loath to announce such per se rules.

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

Related

United States v. Greg Snider
Fourth Circuit, 2024
United States v. Yakotus Odum
65 F.4th 714 (Fourth Circuit, 2023)
Thomas Porter v. Rick White
23 F.4th 322 (Fourth Circuit, 2022)
United States v. Carlos Perez
22 F.4th 430 (Fourth Circuit, 2022)
United States v. Kevin Seigler
990 F.3d 331 (Fourth Circuit, 2021)
United States v. Bonilla-Romero
984 F.3d 414 (Fifth Circuit, 2020)
Sinani v. USA-2255
D. Maryland, 2019
Graves v. Commonwealth
805 S.E.2d 226 (Supreme Court of Virginia, 2017)
Veal v. State
800 S.E.2d 325 (Supreme Court of Georgia, 2017)
United States v. Conyers
227 F. Supp. 3d 280 (S.D. New York, 2016)
United States v. Wright
812 F.3d 27 (First Circuit, 2016)
United States v. Abdulmalik Abdulla
632 F. App'x 98 (Fourth Circuit, 2015)
United States v. Joseph Merlino
785 F.3d 79 (Third Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
389 F.3d 111, 2004 U.S. App. LEXIS 23898, 2004 WL 2590681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-ivon-turner-ca4-2004.