United States v. Adnan Alisic

MEMORANDUM

Adnan Alisic was convicted after a jury trial for Conspiracy and Aiding and Abetting in violation of 18 U.S.C. §§ 2 , 371, and 1951; Interference with Commerce by Threats, Violence, and Robbery and Aiding and Abetting in violation of 18 U.S.C. §§ 2 and 1951; and Use of a Firearm in a Crime of Violence and Aiding and Abetting in violation of 18 U.S.C. §§ 2 and 924(c). Alisic appeals his conviction for Use of a Firearm in a Crime of Violence under 18 U.S.C. § 924 (c) and his sentence of 221 months imprisonment. This court has jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Alisic argues the district court erred in denying his motion under Federal Rule of Criminal Procedure 29 for a judgment of acquittal on the government’s 18 U.S.C. § 924 (c) charge. Viewing the evidence in the light most favorable to the government, the district court did not err in denying Alisic’s Rule 29 motion. Under the. first clause of § 924(c), the government presented persuasive evidence that Alisic carried the pistol in the van he used to commit the robbery. See Muscarello v. United States, 524 U.S. 125, 126-27 , 118 S.Ct. 1911 , 141 L.Ed.2d 111 (1998) (holding that “carries a…