718 Fed.Appx. 829 (11th Cir. 2017), 16-17547, United States v. Robinson

Docket Nº:16-17547
Citation:718 Fed.Appx. 829
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff — Appellee, v. JACINTO TARON ROBINSON, Defendant — Appellant.
Attorney:For UNITED STATES OF AMERICA, Plaintiff - Appellee: Brandon Wade Bates, Kevin P. Davidson, John J. Geer, III, Assistant U.S. Attorney, Sandra J. Stewart, U.S. Attorney's Office, MONTGOMERY, AL. For JACINTO TARON ROBINSON, Defendant - Appellant: LaConya Connie Murray, Murray Law Group, LLC, MONTGO...
Judge Panel:Before TJOFLAT, WILLIAM PRYOR, and ROSENBAUM, Circuit Judges.
Case Date:December 08, 2017
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 829

718 Fed.Appx. 829 (11th Cir. 2017)

UNITED STATES OF AMERICA, Plaintiff — Appellee,

v.

JACINTO TARON ROBINSON, Defendant — Appellant.

No. 16-17547

United States Court of Appeals, Eleventh Circuit

December 8, 2017

Editorial Note:

DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 11th Cir. Rule 36-2.)

Appeal from the United States District Court for the Middle District of Alabama. D.C. Docket No. 3:16-cr-00083-LSC-TFM-4.

COUNSEL:

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Brandon Wade Bates, Kevin P. Davidson, John J. Geer, III, Assistant U.S. Attorney, Sandra J. Stewart, U.S. Attorney's Office, MONTGOMERY, AL.

For JACINTO TARON ROBINSON, Defendant - Appellant: LaConya Connie Murray, Murray Law Group, LLC, MONTGOMERY, AL.

Before TJOFLAT, WILLIAM PRYOR, and ROSENBAUM, Circuit Judges.

OPINION

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PER CURIAM:

Jacinto Taron Robinson appeals his 180-month sentence imposed after a jury convicted him of carjacking, in violation of 18 U.S.C. § 2119, and brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). First, he appeals his convictions, arguing that the government presented insufficient evidence to prove he willfully participated in the carjacking or he knew one of his co-defendants would use a gun. Second, he argues that even if his convictions are valid, his sentence is unreasonable because it exceeds the sentence imposed on another codefendant Robinson believes is more culpable and similarly situated in age and criminal history. For the reasons that follow, we affirm.

I.

In August 2014, Robinson's co-defendant Stanley Hinton, using an alias, posted an ad on Craigslist for the sale of a 1989 Mercury Grand Marquis. Jeffrey Allen responded to the ad and eventually purchased the car from Hinton for $2,000. During the sale, Hinton introduced Robinson to Allen as his " brother." Two weeks later, Allen decided to return the vehicle for $1,800 because Hinton never sent him the vehicle title and because the rims were not included in the purchase price as advertised. He contacted Hinton, and they agreed to meet near a gas station to make the exchange.

Allen's cousin Elicia Allen1 followed behind Allen in her own car, and she and Allen both testified at trial as to the events that followed. As Allen and Elicia arrived, Hinton and Robinson were waiting in a Dodge Charger with two other people, one of whom was later identified as Delricco Jones. Robinson and Jones were both seated in the back seat of the Charger. Upon Allen's arrival, Hinton and Robinson got out of the Charger and approached Allen. Hinton told Allen that he wanted Robinson, who was a mechanic, to examine the car before they made the exchange. Robinson claimed to have heard a tapping noise from the engine, opened the hood to examine it, and then asked to drive the car around the gas station to ensure it was in good condition. Allen agreed and stepped into the passenger's seat. Robinson began to drive, and as he reached the back of the gas station, he accelerated abruptly. Allen feared Robinson would drive the car away with him, so he hurriedly grabbed the gear shift and placed the car in park.

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Jones, who up until this time had remained in the Charger, left the Charger and walked up to the passenger side of the Marquis where Allen was seated. He then pointed a gun at Allen and told him to get out of the car. Fearing for his life, Allen leapt from the car, and Jones took his place in the passenger...

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