United States v. Edwin Carr

I. Introduction

Edwin Carr, Damien Anderson, and Mark Franklin were each indicted on three counts related to the armed robbery of a federal credit union. A jury found all of the defendants guilty on all counts. They appeal their convictions and sentences. The government cross-appeals, arguing the district court erroneously vacated por tions of the defendants’ sentences. We have jurisdiction under 18 U.S.C. §§ 1291 and 3731. We affirm in part, reverse in part, and remand.

II. Facts and Proceedings

Vons Federal Credit Union in Santa Fe Springs, California, was robbed in February 2008. Edwin Carr, Damien Anderson, and Mark Franklin were each indicted for: (1) conspiracy to commit bank robbery in violation of 18 U.S.C. § 371 ; (2) bank robbery, along with enhancements for the use of a firearm and forced accompaniment in violation of 18 U.S.C. §§ 2113 (a), (d), and (e) respectively; and (3) use or possession of a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924 (c).

At trial, the jury heard testimony from four eyewitnesses to the crime: Lanita Fields, who was present at the crime scene; Barbara Wilson, one of two tellers inside the credit union;…