73 F.3d 666 (6th Cir. 1996), 95-5082, United States v. Moore

Docket Nº:James Calvin MOORE (95-5082) and Gabriel Vaughn (95-5084),
Citation:73 F.3d 666
Party Name:UNITED STATES of America, Plaintiff-Appellee, v.
Case Date:January 26, 1996
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 666

73 F.3d 666 (6th Cir. 1996)

UNITED STATES of America, Plaintiff-Appellee,

v.

James Calvin MOORE (95-5082) and Gabriel Vaughn (95-5084),

Defendants-Appellants.

Nos. 95-5082, 95-5084.

United States Court of Appeals, Sixth Circuit

January 26, 1996

Argued Oct. 16, 1995.

Page 667

David P. Folmar (argued and briefed), Office of the Attorney, Knoxville, TN, for U.S. in Nos. 95-5082, 95-5084.

Perry H. Piper (argued and briefed), Federal Services of Eastern Tennessee, Inc., Chattanooga, TN, for James Calvin Moore, Jr.

Jerry Sanford Sloan (briefed), Chattanooga, TN, for Gabriel Vaughn.

Before: BATCHELDER and MOORE, Circuit Judges; ENSLEN, [*] Chief District Judge.

PER CURIAM.

This appeal challenges the district court's denial of the defendants' motions to dismiss their indictments.

Facts

On the night of May 6, 1994, and in the early morning hours of May 7, 1994, in East Chattanooga, Tennessee, defendant James C. Moore ("Moore") and defendant Gabriel Vaughn ("Vaughn"), along with Ronnie McClure and Nikita Johnson, began discussing ways of committing a robbery to get some quick cash. The group agreed to call a taxi-cab and rob the driver. The apparent plan was for Moore and Vaughn to get in the cab and instruct the driver to take them to a secluded part of Mark Twain Circle where they would then rob the driver. The other two members of the group were to travel to Mark Twain Circle separately.

Moore and Vaughn called the cab, and the cab took them to Mark Twain Circle. The two directed the cab to a secluded portion of the drive. Moore then pulled out a firearm and put it to the cab driver's head. Vaughn pulled out his own gun, pointed it at the driver, and demanded cash. Moore took the cash, and then ordered the driver to get out

Page 668

of the cab, open the trunk, and climb into the trunk. The driver complied. Moore and Vaughn then got into the vehicle and drove around Mark Twain Circle in search of Ronnie McClure and Nikita Johnson who had not yet joined them. On finding the others, Vaughn told them that the driver was in the trunk. Ronnie McClure instructed Vaughn that he would have to park the car or face getting caught. Vaughn drove the car back to the secluded part of Mark Twain Circle where the robbery had taken place. The spot overlooks a ravine leading to South Chickamauga Creek. Moore got out of the car. Vaughn then...

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