United States v. Clancy, No. 19-6367 (6th Cir. 2020)Annotate this Case
Clancy and a partner went to rob a Memphis store. Clancy wore a white hoodie, red pants with white letters, red shoes, a black mask, black gloves, and had a gun. His partner wore a black hoodie, black pants, a black mask, and also carried a gun. Clancy aimed his weapon and said: “You know what time it is.” Within seconds, shots rang out. The manager and another employee grabbed their guns and returned fire. The robbers fled. One employee was shot in the knee. Within 15 minutes of the robbery, a car arrived at the hospital. Two men dressed in black summoned an emergency technician, who found Clancy laying across the backseat with a gunshot wound. The other men left. Clancy wore a light-colored jacket, red pants with a white lettering, red shoes, and a black glove. Officers, walking into the emergency department, found Clancy, and saw his clothing on the floor, visible from the hallway. Crime scene investigators arrived and found Clancy’s bloodied clothes in a plastic bag.
Clancy was convicted of attempted Hobbs Act robbery, 18 U.S.C. 1951, and use of a firearm related to a crime of violence, section 924(c). The Sixth Circuit affirmed, upholding the denial of a motion to suppress the clothing evidence, citing the plain-view doctrine. The court also upheld an instruction that required the jury to find that Clancy, “while being aided and abetted by others unknown,” used a firearm.