U.S. v. Robinson

• Decision Date: 18 April 2005
• Docket Number: No. 04-4417.,No. 04-4388.,04-4388.,04-4417.
• Citation: 404 F.3d 850
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. James Scott ROBINSON, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. James Scott Robinson, Defendant-Appellee.
• Court: U.S. Court of Appeals — Fourth Circuit

404 F.3d 850

UNITED STATES of America, Plaintiff-Appellee, v. James Scott ROBINSON, Defendant-Appellant.

United States of America, Plaintiff-Appellant, v. James Scott Robinson, Defendant-Appellee.

No. 04-4388.

No. 04-4417.

United States Court of Appeals, Fourth Circuit.

Argued: March 17, 2005.

Decided: April 18, 2005.

COPYRIGHT MATERIAL OMITTED

James M. Ayers, II, New Bern, North Carolina, for James Scott Robinson.

Felice McConnell Corpening, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for the United States.

Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for the United States.

Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.

OPINION

WILLIAMS, Circuit Judge.

James Scott Robinson, a juvenile tried as an adult, appeals his conviction and sentence for engaging in a string of armed robberies targeting grocery stores and banks. The Government has cross-appealed, asserting that the district court erred by sentencing Robinson to 384 months imprisonment. For the following reasons, we affirm Robinson's conviction but remand the case to the district court for resentencing.

I.

Robinson was born on December 27, 1984. In his early childhood, he was abused by his mother, who was convicted of felony child abuse when Robinson was three years old. Following his seventh birthday, Robinson and his younger sister moved in permanently with his paternal grandmother, Rosalie Crisp, who attempted to give Robinson a stable home environment. Robinson has not seen his mother since that time, and Robinson's father has been incarcerated since approximately that same time. Robinson had trouble in school, and his I.Q. scores were generally below average, ranging from 74 to 90. Robinson was placed on juvenile probation in April 2001 for possessing 6.6 grams of marijuana in school. At that time, Robinson was in the eighth grade. Robinson was expelled from school for that offense and transferred to a school for students with special needs or behavioral problems, but he was frequently suspended from the school for aggressive behavior. In 2000, at the age of fifteen, Robinson began committing robberies with a friend, Anthony Sanders. Sanders was twenty-four years old at the time. Sanders and Robinson committed their first robbery on October 28, 2000, robbing a Food Lion in Clayton, North Carolina. After Robinson indicated that he needed some money, Sanders suggested they rob something. Wearing ski-masks and carrying handguns, they went to the store's office and demanded money; they received approximately $3,000 in cash and $3,000 in checks.

The next robbery occurred on December 20, 2000 at a Piggly Wiggly store in Smithfield, North Carolina. On this occasion, Robinson robbed the store by himself, and Sanders picked him up from Robinson's half-sister's house after the robbery. While Robinson was carrying out this robbery, a man wearing a Santa Claus suit tried to apprehend him, and Robinson fired his gun into the air inside the store to scare him away. Robinson obtained about $800 from this robbery.

Next, on December 27, 2000, Sanders, Robinson, and another friend, Kenny Horne, robbed the Four Oaks Bank in Smithfield, North Carolina. Robinson again committed the actual robbery by himself and hid at Horne's cousin's house until Sanders and Horne could come for him. During the robbery, Robinson wore a ski mask and carried a handgun. Robinson approached the teller, demanded money, and ultimately cocked the gun and threatened to kill her if she did not give him the money. Robinson then obtained money from a second teller's till as well. Robinson netted $16,000 from this robbery.

On January 10, 2001, Robinson, Horne, and Sanders went to rob a Food Lion in Wilson, North Carolina. Sanders went in the store to survey it and then exited. Robinson, wearing a dress belonging to Sanders' wife over his clothes and a ski mask, entered the store armed with a handgun and demanded to be let into the office. Robinson also demanded money from the safe, but it was closed and could not be opened. During this time, Robinson had his gun pointed at the store employee's head. Robinson left the store with $2,000. Believing that he was being followed by the police, he jumped a fence, disposed of the dress, gun, and money, hid for a while, and then strolled through a housing development.

While walking through the development, Robinson was stopped by a Wilson police officer. The officer asked Robinson his name and address; Robinson responded that his name was "Junior Crisp," and he gave his grandmother's address as his own. Robinson had scuff marks on his hands and a hole in his jeans. Robinson told the officer he was searching for a relative who lived somewhere in the development. Robinson agreed to accompany the officer to the Food Lion for a "show up," but none of the employees identified him. After the officer released Robinson near the development, Sanders and Horne found him. The three men then drove to a nearby home where Robinson recovered the items he had left.

After further investigation, Wilson Police Detective Bass obtained an arrest warrant for Robinson. Bass served the warrant on January 12, 2001 at Crisp's home. Detective Bass read Robinson the warnings required by Miranda v. Arizona, 384 U.S. 436, 467-73, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966),¹ and Robinson indicated he understood those warnings. Robinson and his grandmother both signed a form indicating that the Miranda warnings had been read to him. Robinson was taken to the Wilson County Jail where he was questioned. Robinson denied his involvement in the robbery at that time.

On January 30, 2001, Robinson was visited in jail by Sergeant Martin, of the Smithfield Police Department, who wanted to question Robinson regarding the Four Oaks Bank and Piggly Wiggly robberies. Martin advised Robinson of his juvenile Miranda rights, and Robinson signed a waiver of rights form. At no point did Robinson indicate that he did not understand those rights. Robinson again denied his involvement in any robbery at that time.

After being released, Robinson continued his spree. On May 25, 2001, Robinson told Horne, Sanders, and Travis Groves, Sanders's younger brother, that he needed a ride so he could commit a robbery. The four individuals traveled to Smithfield, North Carolina, where they decided to rob the Food Lion. Robinson again committed the crime, wearing a mask over his face and entering the store carrying a handgun. As Robinson fled around back of the store where Sanders, Groves, and Horne were waiting in the getaway car, a store employee gave chase. Robinson turned, aimed the gun at the employee, and fired it at him. The four men then escaped with approximately $1,200.

On June 1, 2001, Robinson told Sanders, Horne, and Groves that he had discovered a bank they could rob. Sanders, Groves, and Robinson drove to Garner, North Carolina, to survey the bank in question. After deciding where to pick up Robinson after the robbery, Sanders and Groves dropped Robinson off near the bank. Robinson entered the Dixie Construction Company office, which was located in the Bank of America building. Robinson drew his handgun and demanded money from a female employee, who informed him the bank was next door. Robinson then put a gun to the woman's back and walked her outside and then into the bank. After Robinson entered the bank, he released the employee, approached a teller, handed her a pillowcase, and told her to fill it with money. The teller put $13,226 in the pillowcase and also placed a dye pack in the pillowcase. As Robinson fled through a wooded area behind the bank, the dye pack exploded in the pillowcase. Robinson left the pillowcase and the money in the woods and returned to Groves and Sanders. Robinson later went back to look for the money, but it was gone. In fact, police officers located the money shortly after the robbery. Also recovered by police were a pair of gloves, a mask, and a handgun.

On August 18, 2001, Sanders, Groves and Robinson were bored and decided to drive around looking for something to rob. They settled on the Food Lion in Fuquay-Varina, North Carolina. Groves surveyed the store under the guise of requesting a job application. He returned and told Sanders and Robinson the store layout. Sanders and Robinson then donned masks and entered the store with guns drawn. They obtained $2,000 from the store's safe before fleeing.

Next, on August 21, 2001, Robinson, Sanders, and Groves decided to rob the First Citizens Bank in Smithfield, North Carolina. After Sanders called a bomb threat to the local Wal-Mart to divert police attention, Robinson entered the bank wearing a hood and carrying a handgun. Robinson pointed the gun at a teller and handed her a pillowcase to fill. The teller complied with Robinson's demands and filled the pillowcase with money from her till. Robinson then exited the bank carrying the pillowcase. Unfortunately for Robinson, however, a brave citizen followed him and called 911, informing officers that Robinson had entered an apartment complex.

Police in an unmarked car responded to the call and began patrolling the apartment complex. The police came upon a slow-moving vehicle with two individuals inside. Both were constantly looking out the windows, as if searching for someone. The officers followed the car until it stopped and the two individuals exited the car and entered a nearby apartment. The officers approached the apartment and received permission to search the premises. The officers discovered the money, the pillowcase, and clothing that matched that worn by the robber. Robinson, Sanders, and Groves were also inside the apartment.

The police arrested Robinson, Sanders, and Groves and...