Morris

MEMORANDUM **

Wayne N. Morris (“Morris” or ‘Wayne” 1 ) appeals his jury trial conviction and 528-month sentence for five offenses: (1) conspiracy to commit bank robbery ( 18 U.S.C. § 2113 ) and to use and carry a firearm during and in relation to crimes of violence ( 18 U.S.C. § 924 (c)), all in violation of 18 U.S.C. § 371 ; (2) aiding and abetting armed bank robbery ( 18 U.S.C. §§ 2 and 2113(a), (d)); (3) aiding and abetting the use of a firearm during a bank robbery ( 18 U.S.C. §§ 2 and 924(c)(l)(A)(ii)); (4) aiding and abetting assault on a federal officer by use of a handgun ( 18 U.S.C. §§ 2 , 111, and 1114); and (5) aiding and abetting the use of a firearm during and in relation to an assault on a federal officer ( 18 U.S.C. §§ 2 and 924(c)(l)(A)(iii)).

Morris argues that four errors were committed by the court below. First, he asserts there was insufficient evidence presented at trial that he knew his co-defendant possessed and intended to use a firearm such that his conviction on all five counts must be reversed. Second, Morris claims his conviction on count 3, for aiding and abetting the use.of a firearm during a bank robbery, must be vacated because the jury’s verdict…