United States v. Benjamin Lloyd Hicks

Good Law
103 F.3d 837·96 Daily Journal DAR 15419·1996 WL 734050·46 Fed. R. Serv. 15·1996 U.S. App. LEXIS 33459
United States Court of Appeals for the Ninth CircuitDecember 24, 199695-30342California6,173 words

Opinion

Opinion

Nelson, J.

Benjamin Lloyd Hicks (“Hicks”) appeals his conviction and sentence for armed carjacking ( 18 U.S.C. § 2119 (2),(3)), unlawful use of a firearm during a crime of violence ( 18 U.S.C. § 924 (c)(1)), and being an armed career criminal ( 18 U.S.C. §§ 922 (g), 924(e)). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I. FACTS

On May 31, 1993, Orville Rondeau (“Rondeau”) took a 9mm Ruger semi-automatic pistol from a residence in Klamath Falls, Oregon, showed it to friends at a girlfriend’s house, and later met with Hicks and Justin Harrington (“Harrington”). Hicks stated that he knew a place “out by the lake” where they could shoot the gun, so the three of them took the gun and a bottle of wine and left in an El Camino truck driven by Harrington.

At about the same time, the victims, high school students Kimberly and Kenneth, were parked in a Chevrolet Citation at a location just west of Klamath Falls. The El Camino pulled up beside the Citation and the three men got out. Hicks approached the Citation and asked Kenneth for a eigaretté. Then, according to Rondeau, the three men took turns shooting the gun towards an empty field and a road sign. After the men returned to the El…

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