United States v. Davis, No. 13-3037 (10th Cir. 2014)
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Defendant–Appellant Mark Davis was convicted by a jury of robbery, use of a firearm during a robbery, and being a felon in possession of a firearm. He was sentenced to 96 months’ imprisonment on the robbery count, 180 months’ imprisonment on the felon-in-possession count, consecutive to the robbery count, and 84 months’ imprisonment on the use-of-a-firearm count, consecutive to the other two counts, for a total of 360 months. He also was sentenced to three years’ supervised release on each count running
concurrently. On appeal, he challenged: (1) the denial of his motion to suppress evidence seized from a car in which he was a passenger; (2) the jury instructions insofar as they allowed the jury to convict him of aiding and abetting without the requisite knowledge or participation; and (3) sufficiency of the evidence concerning a substantial effect on interstate commerce. Finding no reversible error, the Tenth Circuit affirmed defendant's conviction and sentences.
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