United States v. Benson, No. 18-4539 (4th Cir. 2020)
Annotate this CaseDefendants Benson, Brown, and Wallace were convicted of aiding and abetting the use of a firearm in a crime of violence resulting in murder. The Fourth Circuit held that the district court did not err in permitting the challenged testimony under either Federal Rule of Evidence 801(d)(2)(A) or 804(b)(3), and that even if the district court erred, it was ultimately harmless; rejected Benson's challenges to the Government's remarks, because the Government's closing argument did not prejudice his substantial rights and the jury instruction accurately reflected the law; and held that the Government presented sufficient evidence that Wallace had advance knowledge that a codefendant would carry a gun, and the predicate offense of Hobbs Act robbery constituted a valid crime of violence for the purposes of a 18 U.S.C. 924(c)(1) conviction. Accordingly, the court affirmed all three convictions.
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