United States v. Raykee Rashann Sanders

Defendant Raykee Sanders appeals his convictions for conspiracy to commit bank robbery, in violation of 18 U.S.C. § 371 , armed bank robbery, in violation of 18 U.S.C. § 2113 , using a gun during the commission of a crime of violence, in violation of 18 U.S.C. § 924 (c), and attempted witness tampering, in violation of 18 U.S.C. § 1512 (b)(1). We exercise jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a) and affirm his conviction. Sanders also appeals his sentence, and we vacate and remand for a full resentencing hearing.

I. BACKGROUND

Defendant Raykee Sanders planned to rob a bank on September 17, 2003, with Madrid Hopkins and Eugene Hamilton. Sanders told Hopkins that he should enter the bank and give the teller a note demanding money. Hopkins enlisted his friend, Leon Walker, to assist him in the planned robbery. Walker wanted to bring a gun into the bank. Walker and Hopkins told Sanders that Walker intended to bring a gun into the bank, and Sanders reiterated that a note would be sufficient. Sanders went on to state “that’s cool, too, if you — I guess if you want to use a gun, use a gun.”

Sanders, Hopkins, Hamilton, and Walker abandoned their initial attempt to…