United States v. James Garner
Opinion
AMBRO, Circuit Judge
A grand jury in the Eastern District of Pennsylvania indicted James Garner on charges of conspiracy to commit armed bank robbery in violation of
We review sufficiency of the evidence "in the light most favorable to the prosecution" to determine whether "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt."
United States v. Caraballo-Rodriguez
,
Viewed in this light, the evidence at trial showed the following. On February 6, 2015, Garner approached a man called Saber Saber after prayers concluded at their mosque with a "business opportunity" to be his getaway driver for a robbery of Apex Bank. Garner went back inside the mosque to give Saber time to consider the offer. The latter immediately went to his car and called FBI Special Agent Joshua Reed, for whom he acted as an informant. The call went to voicemail, so Saber placed his phone in the cupholder, hoping to capture his conversation with Garner on Agent Reed's voicemail. Garner left the mosque and entered Saber's car to finish their conversation.
Later that day Saber met with Agent Reed and agreed to participate in the latter's investigation of Garner. They made a recorded call to him to further discuss the robbery. On another recorded call made February 9, Garner instructed Saber to surveil Apex Bank, and once that was completed, they would meet with a third individual, Ruben Marshall, to draw up a plan. Saber did as Garner instructed and later met with Garner and Marshall to plan the robbery.
Saber and Garner had several more recorded phone calls between February 10 and 12 outlining the robbery. On the morning of February 12-the day before the planned robbery-Saber arrived to pick Garner up in his car. Once Garner was inside the car, the FBI approached and arrested Garner and staged an arrest of Saber. The FBI found on Garner's person 17 small packets of crack cocaine, and in Saber's car a backpack not present before Garner entered. The backpack contained ski masks, a loaded gun, gloves, two-way radios, and ammunition.
To prevail on a conspiracy charge, the Government must prove beyond a reasonable doubt that there was "(1) a unity of purpose between the alleged conspirators[,] (2) an intent to achieve a common goal[,] and (3) an agreement to work together toward that goal."
United States v. Pressler
,
Garner argues that there was no "unity of purpose" between himself and Saber, as he was merely "conning" Saber into believing he (Garner) intended to rob Apex Bank. Appellant's Br. at 28. But this is irrelevant. The charged conspiracy was not between Garner and Saber, but between Garner and Marshall.
See
Indictment as to James Garner, Doc. #11 at 1,
United States v. Garner
, No. 2:15-cr-00088-001 (E.D. Pa. Mar. 10, 2015). Indeed, merely conspiring with Saber, a government informant, would not make Garner criminally liable. This is the rule in other Circuits,
see, e.g.
,
United States v. Corson
,
Garner further contends there could not have been a conspiracy because details about the planned robbery-including both the date on which it would occur and potentially also which bank would be robbed-were not final prior to Garner's arrest. Appellant's Br. at 26. But his discussions with Marshall, as well as with Saber, about that robbery all centered on Apex Bank. Garner instructed Saber to surveil Apex, and, when Saber reported back, the three men discussed in detail their plan to rob it. J.A. at 163-177; Supp. App. at 8-17, 29-30. This was enough to support the conspiracy charge.
To prevail on a charge of attempted bank robbery, the Government had to prove that (1) Garner had the requisite intent to commit armed bank robbery; and (2) he "performed an act amounting to a 'substantial step' toward the commission of that crime."
United States v. Hsu
,
Finally, Garner's sole argument as to the charge under
Thus we affirm.
Reference
- Full Case Name
- UNITED STATES of America v. James GARNER, A/K/A ABD Al Rahman James Garner, Appellant
- Cited By
- 8 cases
- Status
- Published