United States v. Seabrooks, No. 15-10380 (11th Cir. 2016)
Annotate this CaseDefendant was convicted of one count of being a convicted felon in possession of firearms and ammunition, and one count of possessing a stolen firearm. The district court sentenced defendant under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on his six prior Florida armed robbery convictions, each of which qualified as a predicate “violent felony” under the ACCA. The court concluded that the district court did not err in giving the aiding and abetting instruction; the evidence was more than sufficient to allow the jury to draw the reasonable inference that defendant intended to aid Nigel Butler in possessing stolen firearms; even assuming arguendo that Rosemond v. United States somehow applies to aiding and abetting a 18 U.S.C. 922(j) crime, this is enough evidence to warrant the aiding and abetting instruction in defendant's particular case; the evidence was sufficient to support the jury's verdict that defendant aided and abetted Butler in the section 922(g) crime and thus the district court's instruction was not reversible error; and the court rejected defendant's remaining claims of error regarding the aiding and abetting instruction. Therefore, the court affirmed defendant's convictions. Finally, the court concluded that court precedent applies to defendant's prior Florida convictions and the court affirmed his sentence.
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