United States v. Jefferson

In a span of eleven days, Davion Jefferson committed five robberies. Each was captured by multiple surveillance cameras. The first three robberies occurred on separate occasions at the same Fast Trip convenience store. All three involved Jefferson and an unnamed minor male accomplice. The last two robberies occurred less than two hours apart on the same date but at different locations. Jefferson’s cohort during the latter two robberies was Nicholas Lolar. Both Jefferson and Lolar were armed. After these robberies, Jefferson posted “Can’t wake up broke” on his Facebook page, and included a picture of a hand holding a wad of cash and a number of emojis, including a firearm emoji. Jefferson was indicted with five counts of Hobbs Act robbery (Counts 1-3, 5, and 7) and three counts of use and carry of a firearm (Counts 4, 6, and 8). At trial, he did not dispute his participation in all five robberies but tried to plant seeds of reasonable doubt with the jury as to the 924(c) counts by suggesting the weapons used during the last two robberies were not actual firearms. "Considering the very real possibility of a mandatory 32 years in prison if found to have twice brandished an actual firearm, it was sound trial strategy." The jury, however, was not convinced and he was sentenced to the mandatory 32 years plus a consecutive 70 months for the robberies, for a total sentence of 454 months. Jefferson raised several issues on appeal, namely: (1) Hobbs Act robbery was not a "crime of violence" under 924(c)(3)(A) because the statute required the predicate offense have a force element and Hobbs Act robbery had only a force means; and (2) even if Hobbs Act robbery had a force element, the judge erred in directing a verdict on that element, and should have instead submitted the issue to the jury. Finding no reversible error, the Tenth Circuit affirmed Jefferson's convictions and sentence. View "United States v. Jefferson" on Justia Law