Davis

MEMORANDUM **

DeAngelo Davis appeals his conviction for four counts of bank/credit union robbery, 18 U.S.C. § 2113 (a), (d), and four *915 counts of using a firearm in connection with a crime of violence, 18 U.S.C. § 924 (c)(1). We hold that the government presented insufficient evidence to support a conviction on count four for using or carrying a firearm in relation to the First Federal Credit Union robbery. 1 The government presented no evidence that Davis actually used or carried a weapon during that robbery and, in fact, presented evidence that the actual gunmen were two coconspirators. Therefore, the government relied on an aiding and abetting theory of liability. However, the only evidence the government presented to support that theory was that Davis knew that guns were going to be used in the robbery and may have been present for a discussion concerning how the robbery was to be conducted. Our case law is clear that “mere foreknowledge that a gun would be used” and “mere presence during the planning of the robbery and agreement to that plan in general” are insufficient to support an aiding and abetting charge under § 924(c). United States v. Nelson, 187 F.3d 1094, 1103…