United States v. Somerville, No. 19-5983 (6th Cir. 2020)
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Sherrill, Poindexter, and Somerville were indicted on multiple counts arising out of their attempted robbery of Edwards, a drug dealer, during which Edwards was killed. Following a jury trial, all three were convicted of attempting to obstruct, delay, or affect commerce by robbery, 18 U.S.C. 1951 (Hobbs Act) and the knowing use or carry of a firearm during and in relation to a crime of violence, 18 U.S.C.924(c) and 2, or aiding and abetting those crimes. Somerville was also convicted of possessing a firearm in furtherance of a crime of violence and causing the death of a person through the use of a firearm in relation to a crime of violence, section 924(j)(1).
The Sixth Circuit affirmed. Upholding the district court’s decision not to sever the trials, the court rejected a Confrontation Clause claim. The prosecution appropriately redacted all names from Poindexter’s statement, which was introduced at trial, and substituted neutral terms that could have referred to any of the individuals allegedly involved in the robbery. It was not an abuse of discretion for the district court to find that the probative value of photographs purportedly suggesting that Sherrill was affiliated with a gang equaled or outweighed the risk of unfair prejudice. The court rejected challenges to the sufficiency of the evidence and to the reasonableness of the sentences.
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