United States v. Strayhorn, No. 12-4487 (4th Cir. 2014)
Annotate this CaseDefendants appealed their convictions for the robbery of P & S Coins and the planned robbery of All American Coins. The court concluded that there was insufficient evidence to convict Defendant Janson of robbing P & S Coins where the evidence of his partial fingerprint on duct tape, a moveable object, used in the robbery and his possession of a gun that had been taken during the P & S Coins robbery, which occurred two months prior, was insufficient to convict him; the district court erred by denying Janson's motion for judgment of acquittal on the charges related to the P & S robbery; the government presented sufficient evidence to sustain the conspiracy and firearm convictions against Janson relating to the All American Coins robbery; and the court remanded Defendant Jimmy's case for resentencing on the brandishing charge arising from the P&S Coins robbery because the district court failed to instruct the jurors that to convict Jimmy of that offense, they needed to find that he brandished a gun.
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