U.S. v. Robinson

• Decision Date: 16 December 1998
• Docket Number: No. 97-4105,97-4105
• Citation: 161 F.3d 463
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Richard D. ROBINSON, Defendant-Appellant.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 463

161 F.3d 463

UNITED STATES of America, Plaintiff-Appellee, v. Richard D. ROBINSON, Defendant-Appellant.

No. 97-4105.

United States Court of Appeals, Seventh Circuit.

Argued Sept. 18, 1998.

Decided Nov. 18, 1998.

Rehearing Denied Dec. 16, 1998.

Sharon Jackson (argued), Judith A. Stewart, Office of United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Evelyn L. Keaton (argued), Indianapolis, IN, for Defendant-Appellant.

Before POSNER, Chief Judge, and FLAUM and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Richard Robinson was convicted of armed bank robbery and of use of a firearm in relation to the commission of the armed bank robbery. The District Court sentenced Robinson to 35 years in prison and ordered him to pay $5,134 in restitution. On appeal, Robinson raises two issues: (1) whether the trial court erred in admitting evidence pertaining to another later bank robbery to which Robinson pleaded guilty and (2) whether the evidence was insufficient to convict him of the charges alleged in the indictment. We reject the arguments presented by Robinson and affirm his conviction.

I. HISTORY

A federal grand jury returned a four-count indictment against Richard Robinson on charges stemming from two armed bank robberies. Counts one and two of the indictment alleged that on April 8, 1997, Robinson robbed the Americana Bank in Anderson, Indiana, and that he used a firearm during the commission of this offense. Counts three and four of this same indictment alleged that ten days later, on April 18, 1997, Robinson committed another armed robbery with a firearm, this time robbing Harrington Bank in Fishers, Indiana. The cities of Anderson and Fishers are separated by approximately twenty-five miles. Robinson pleaded guilty to the later armed robbery of Harrington Bank and went to trial on the charges stemming from the earlier Americana Bank robbery. Because the government offered evidence of the April 18 Fishers robbery at Robinson's trial, it is necessary to review the facts of both robberies when considering the issues before us.

On the afternoon of Tuesday, April 8, 1997, Robinson set out from his home in his wife's blue Chevrolet Cavalier to commit the first of the two bank robberies. Upon arriving at Americana Bank in Anderson at approximately 3:40 p.m., he donned an orange ski mask with a single oval opening and proceeded into the bank brandishing his mother's handgun in one hand and carrying a large and distinctive "Louis Vuitton"-brand duffle bag in the other. In addition to the orange ski mask, Robinson wore a pair of brown work coveralls. Once inside the bank, Robinson sprinted to the teller counter and vaulted over the counter as he demanded money. He personally gathered money from the two teller stations after placing the handgun on an adding machine, vaulted back over the counter, and exited the bank. Robinson then made his getaway in the Cavalier while being observed by an off-duty police officer.

Robinson robbed Harrington Bank in Fishers ten days later, on April 18, at approximately 12:00 p.m., in a manner mirroring the heist that occurred in Anderson. Robinson drove to the bank in his wife's Cavalier and pulled on the orange ski mask prior to entering the bank. After leaping over the teller counter, he placed his handgun down and personally removed money from the teller drawers. Robinson once again departed in the Cavalier.

While Robinson's technique remained the same, the results did not, and his career as a bank robber was brought to a hasty conclusion. Harrington Bank's Trust Officer observed Robinson fleeing the bank, and she telephoned the license plate number and a description of the Cavalier to the police. Officers Tony Craig and Danny Cook of the Noblesville Police Department observed a vehicle fitting the description of Robinson's Cavalier in the Noblesville area, a short distance away from where the robbery had just occurred. The officers pulled behind the vehicle and confirmed the Cavalier's license plate matched the license plate of the vehicle observed driving away from Harrington Bank. After Robinson drove into a parking lot and opened the door of the Cavalier, Craig and Cook got out of their vehicle and ordered Robinson to place his hands in the air. At this time, the officers observed Robinson reaching for his handgun and ordered Robinson to drop his weapon. Instead of heeding the officers' command, Robinson closed the door of the Cavalier and sped away.

A high speed pursuit of Robinson ensued, at times exceeding speeds of 100 miles per hour. According to the testimony of one of the officers pursuing Robinson, he disregarded traffic signals, operated his vehicle on the wrong side of the road, nearly caused numerous traffic accidents, and evaded a road block that had been set up by police before the Cavalier was eventually disabled.

With Robinson's vehicle finally stopped, Craig and Cook positioned their car alongside the Cavalier. As Robinson attempted to exit the car, the officers observed him pick up the handgun from the passenger seat. At that moment, Sheriff Joe Cook of the Hamilton County Sheriff's Department ran his vehicle into the Cavalier causing Robinson to fall back into the car and drop the handgun. Robinson again exited the car and attacked Captain Mike Brooks of the Noblesville Police Department who had just arrived upon the scene. A prolonged struggle between Robinson and several officers followed. Robinson managed to get into the driver's side front seat of Brooks's vehicle, and, while reaching with his left hand for Brooks's weapon, he used his right hand to put the vehicle in gear. The vehicle lunged forward and pinned Craig between the doorjamb and Brooks's vehicle. Although Craig managed to free himself from this position, he was hit again by the vehicle and thrown to the ground. During this time, Brooks continued to struggle with Robinson for control over Brooks's weapon and in the process was dragged by the vehicle on the ground outside the driver's side door.

Despite Robinson's efforts, Brooks was eventually able to reach the gear shift and place the car in park. He then removed the keys from the ignition and continued to struggle with Robinson for possession of his handgun. With the assistance of other officers, including Craig, Brooks secured the handgun and subdued Robinson, placing him under arrest. Upon inspection of Robinson's vehicle, the officers recovered the orange ski mask, the "Louis Vuitton"-brand duffle bag containing money from the most recent robbery, including several "bait bills" taken from the three teller stations at Harrington Bank, and a .38 caliber handgun loaded with four live rounds.

Robinson was tried and convicted by a jury on the charges stemming from the April 8 armed robbery of Americana Bank in Anderson. The District Court imposed a sentence of 420 months and ordered Robinson to pay restitution in the amount of $5,134. Robinson now appeals.

II. ANALYSIS

A. Admission of Evidence of the Harrington Bank Robbery and

the Subsequent Chase

Robinson contends that the District Court abused its discretion by allowing the government to admit evidence of his plea of guilty to the charges stemming from the April 18 armed bank robbery at his trial for the April 8 armed bank robbery. The evidence of the April 18 armed bank robbery included evidence tending to demonstrate the similarities between the two robberies, evidence of the high speed chase and Robinson's struggle with police subsequent to the chase, and the materials recovered from Robinson's vehicle following his apprehension, including the orange ski mask, the distinctive duffle bag containing money from the April 18 armed bank robbery, and the handgun used in both robberies. Prior to trial, the District Court conducted an evidentiary hearing on the admissibility of this evidence and, over Robinson's objections, ruled that the admission of this evidence was not prohibited by Rule 404(b) of the Federal Rules of Evidence. The admission of evidence under Rule 404(b) by a district court is reviewed only for an abuse of discretion. United States v. Moore, 115 F.3d 1348, 1354 (7th Cir.1997); United States v. Zapata, 871 F.2d 616, 621 (7th Cir.1989).

Rule 404(b) specifically prohibits the introduction of evidence of other crimes, wrongs, or acts when such evidence is offered to prove the character of a person in order to show conduct in conformity therewith on a particular occasion. As we have explained, "[a]lthough a defendant's past criminality may well have some probative worth concerning whether the defendant acted criminally at a later date, the probative value of this evidence will be relatively small and the risk of its misuse by the factfinder will be great." United States v. Smith, 103 F.3d 600, 602 (7th Cir.1996). However, Rule 404(b) expressly permits evidence of other crimes, wrongs, or acts to be introduced for purposes other than to establish a defendant's criminal propensity, including proof of "motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." At the evidentiary hearing conducted by the District Court, the government submitted that the evidence at issue would be offered primarily to establish identity and consciousness of guilt with respect to the April 8 bank robbery.

The categories that appear in the text of Rule 404(b) are not exclusive. Indeed, Rule 404(b) does not require the party offering the evidence to force the evidence into a particular listed category, but simply to show any relevant purpose other than proving conduct by means of a general propensity inference. We have held that evidence may be admissible under Rule 404(b) to demonstrate modus operandi. Smith, 103 F.3d at 603. Evidence of modus operandi is evidence that shows a defendant's distinctive method of operation. Id. Such evidence may be properly admitted pursuant to Rule 404(b) to prove identity. Id. In...