96 Cal. Daily Op. Serv. 753, 96 Daily Journal D.A.R. 1177 United States of America v. Paula Andrews, United States of America v. Ivan Andrews

Ivan Andrews and his sister Paula Andrews appeal their convictions for murder, attempted voluntary manslaughter, and using a firearm in relation to a violent crime, in violation of 18 U.S.C. §§ 1111 , 1113, and 924(c)(1). Ivan maintains that there is insufficient evidence to support his convictions for aiding and abetting Paula in the crimes in which she was the principal. Paula contends that she received ineffective assistance of counsel. Both argue that the court improperly applied 18 U.S.C. § 924 (c) by treating their underlying substantive convictions as separate predicate offenses. We have juris diction under 28 U.S.C. § 1291 . We reverse Ivan’s aiding and abetting convictions and the related section 924(c) convictions. We affirm Paula’s convictions and sentences.

BACKGROUND

Early in the morning of August 22, 1993, Ivan shot and killed Stephen Lowery (“Lowery”) at close range with a shotgun. Seconds later, Ivan’s sister, Paula, fired into the ear that had been driven by Lowery. Three people were inside the car; one was killed and two were injured.

The events leading to this tragedy began even earlier that morning when Paula, along with Stephanie Collins, Will Bushyhead,…