United States v. Javaris Tubbs

MEMORANDUM

Javaris Tubbs appeals his conviction for use of a firearm during a robbery, in violation of 18 U.S.C. § 924 (c)(1), on two grounds. First, he contends that there was insufficient evidence to support the conclusion that he, Michael Blanche, or Michael Bradley used a real firearm, rather than a toy or replica, during the robbery. Alternatively, Tubbs argues that there was insufficient evidence to support the conclusion that he aided and abetted a violation of § 924(c)(1) by Blanche or Bradley. See 18 U.S.C. § 2 .

1. Considered in the light most favorable to the United States, there was sufficient evidence from.which a rational trier of fact could find, beyond a reasonable doubt, that Blanche and Bradley each used a real gun during the robbery. See United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir.2010) (en banc). Several eyewitnesses observed Blanche and Bradley from a close distance and provided details about the color, weight, material, and models of the purported weapons that comported with the characteristics of real guns. See United States v. Harris, 792 F.2d 866, 867-68 (9th Cir.1986). Moreover, at least two of these witnesses testified that they had personal…