United States v. Rogers, No. 14-2053 (7th Cir. 2015)
Annotate this CaseRogers, Hardy and others waited across from a bank. When the first bank employee arrived, they drew guns and forced her inside. Under Rogers’s direction, she turned on lights and deactivated the alarm. She did not give the all-clear signal indicating to other employees that it was safe to enter. Rogers ordered her to open the vault, but she could not. While they struggled with the vault, Hardy took her keys. Rogers and Hardy restrained her and fled in her car. The others also fled. FBI agents were nearby; co-conspirator Armour was under surveillance for suspicion of robbing other Indiana banks. Chases ensued. Hardy was arrested nearby in possession of a pistol. Rogers was found hiding in the hotel. Officers located Rogers’s handgun, two-way radio, and clothing worn during the robbery. The others, including Armour, were arrested. Rogers pleaded guilty to conspiracy to commit bank robbery (18 U.S.C. 371), armed bank robbery (18 U.S.C. 2113(a) and 2113(d)), and knowingly using, carrying, and brandishing a firearm during a crime of violence (18 U.S.C. 924(c)(1)(A)(ii)). The court sentenced Rogers to 60 months’ imprisonment on Counts One and Two (concurrently), and 84 months on Count Three (consecutively). Rogers’s plea agreement left open whether he should receive the two-level enhancement for carjacking, U.S.S.G. 2B3.1(b)(5). The Seventh Circuit affirmed application of the enhancement
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