United States v. Adams, No. 14-2579 (7th Cir. 2015)
Annotate this CaseAfter being caught in a “sting” operation, Adams pleaded guilty to conspiracy to commit armed robbery affecting interstate commerce, 18 U.S.C. 1951(a), and to possessing a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A). Sentenced to 87 months’ imprisonment, he sought to set aside his plea, based on the Supreme Court’s 2014 decision, Rosemond v. United States, which was decided after he entered the plea, but before he was sentenced. Rosemond holds that a person cannot be convicted of aiding and abetting a violation of section 924(c) unless he has enough time to drop out of joint criminal activity after learning that a confederate is armed. The Seventh Circuit rejected his claims. Adams acknowledged, as part of the factual basis for his conviction, that he and the other conspirators “agreed to rob a purported stash house of at least 50 kilograms of cocaine, using firearms.” Being armed was part of the agreement. Adams also acknowledged that “in furtherance of and as a foreseeable consequence of that agreement, a toolbox containing” firearms was placed in the van. Adams never attempted to withdraw from the conspiracy, so he is accountable for his confederates’ foreseeable acts.
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