United States v. Gooch, No. 15-4360 (6th Cir. 2017)
Annotate this CaseDefendant was in the getaway car during a store robbery and saw Caldwell give a firearm to Tripp, who robbed the cashier at gunpoint. Weeks later, Caldwell remained in the car while defendant and Williams brandished firearms and robbed a bank. Weeks later, defendant accompanied Caldwell and Williams to another bank, but remained outside while Williams placed the firearm against the manager’s head and pistol-whipped a guard. Defendant was charged with two counts of conspiracy to commit “Hobbs Act robbery” (18 U.S.C. 1951(a), 1951(b)(1), and 2); three counts of using, carrying and brandishing a firearm during and in relation to a crime of violence (18 U.S.C. 924(c)(1)(A) and 2); and two counts of armed bank robbery (18 U.S.C. 2113(a), 2113(d), and 2). The court initially adjudged defendant incompetent, but he later passed multiple competency evaluations. The others pleaded guilty. At defendant’s request, the court conducted an extended self-representation colloquy and allowed him to self-represent with appointed counsel as standby. Defendant cross-examined some witnesses but did not present an affirmative defense. The jury found defendant guilty. The court sentenced him to 664 months’ incarceration. The Sixth Circuit affirmed, rejecting a challenge to the sufficiency of the evidence that he aided the store robbery and second bank robbery, and claims that the court erred in allowing him to self-represent and in imposing consecutive sentences on his section 924(c) convictions, and that Hobbs Act robbery is not a crime of violence.
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