United States v. Davis , No. 10-3424 (2d Cir. 2012)Annotate this Case
Davis and Gunn were convicted of conspiracy to commit Hobbs Act robberies of suspected drug dealers, 18 U.S.C. 1951 (Count One); attempting to commit such a robbery in the Bronx (Wickham robbery) (Count Three); two counts of using and discharging a firearm during the Wickham robbery, including causing the death of Grey, 924(c)(1)(A)(iii), (j) (Counts Six and Seven); and conspiracy to distribute and possess with intent to distribute more than 100 kilograms of marijuana, 21 U.S.C. 841(a)(1), (b)(1), 846 (Count Eight). Davis was also convicted of attempting to commit a Hobbs Act robbery in Long Island (Elmont robbery), 18 U.S.C. 1951 (Count Two), and two counts of using and discharging a firearm during the Elmont robbery, including causing the death of Laing (Counts Four and Five). The Second Circuit affirmed, rejecting Davis’s challenge to venue in the Southern District of New York for Counts Two, Four, and Five, the Hobbs Act and firearms counts relating to the Elmont robbery.