United States v. Morales Alejo

MEMORANDUM *

Defendant, Alejo, participated in an armed bank robbery by monitoring a police scanner and notifying the principals that the police were aware of the robbery and that they had identified the getaway vehicle. The government charged Alejo with aiding and abetting the armed robbery and with aiding and abetting the use of a firearm in a crime of violence. At trial, Alejo’s counsel moved for judgment of acquittal on the armed aspect of the armed robbery charge and on the use of a firearm in a crime of violence, arguing that there was insufficient evidence to prove either count. The trial court denied this motion and a jury found him guilty of both charges, sentencing him to two consecutive terms of sixty months imprisonment.

On direct appeal, Alejo’s counsel failed to challenge the trial court’s denial of the motion for judgment of acquittal. We affirmed Alejo’s conviction on the one issue his counsel did raise on direct appeal. Alejo then filed a habeas petition, alleging ineffective assistance of counsel, in part because of his counsel’s failure to challenge the trial court’s denial of his motion. The district court denied Alejo’s petition.

Because Alejo’s counsel…