United States v. Benjamin Lloyd Hicks
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…