United States v. Davis, 032020 FED7, 18-2634

Docket Nº:18-2634, 18-3129
Opinion Judge:Wood, Chief Judge.
Party Name:United States of America, Plaintiff-Appellee, v. Christopher Davis and Maurice Greer, Defendants-Appellants.
Judge Panel:Before Wood, Chief Judge, and Hamilton and Scudder, Circuit Judges.
Case Date:March 20, 2020
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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United States of America, Plaintiff-Appellee,

v.

Christopher Davis and Maurice Greer, Defendants-Appellants.

Nos. 18-2634, 18-3129

United States Court of Appeals, Seventh Circuit

March 20, 2020

Argued December 3, 2019

Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:15-cr-00184-SEB-MJD - Sarah Evans Barker, Judge.

Before Wood, Chief Judge, and Hamilton and Scudder, Circuit Judges.

Wood, Chief Judge.

Christopher Davis and Maurice Greer were charged with robbing two different Walmarts in Indiana over a four-month period. A jury convicted both of them, and they now challenge the sufficiency of the evidence underlying their convictions. Because a rational jury could have found each one guilty beyond a reasonable doubt, we affirm.

I

According to the government's evidence at trial, Davis met Deidre Orkman, an assistant manager at an Indianapolis Walmart, in early 2015 while he was shopping at the store. The pair soon began dating. During the course of their relationship, Orkman often discussed her job with Davis, and she revealed to Davis what she knew about Walmart's policies and procedures for handling cash. Armed with this inside information, Davis hatched a plan to rob the Indianapolis Walmart with two of his cousins-Greer and Darryl Williams.

Before the first robbery, Orkman met with Davis and Greer to discuss logistics. She told Davis and Greer that a Sunday night or Monday morning would be the best time to rob the store because a large amount of cash from the weekend would remain on hand. Davis and Greer took Orkman's advice. On the morning of Monday, June 8, 2015, the two dropped Orkman off at the Indianapolis Walmart for her morning shift. Amanda Greene and Jana West were working alongside Orkman that morning at the store's customer service area.

Orkman, Greene, and West testified about the following events, most of which were also captured on security cameras. Greer, who had been lurking behind the sunglasses rack, entered the customer service area and pointed a gun at West and Orkman. They then proceeded to the cash room, and Greene (who was already in the cash room) and Orkman started loading cash into bags. West was crying and shaking in fear. Once the cash was in the bags, Greer used duct tape to restrain West, Greene, and Orkman. Greer then left the Walmart with the bags of cash and returned to the car where Davis was waiting. Hours later, Davis took photographs of a large amount of cash spread on a table, and Davis gave Orkman $1, 500 for her role in the robbery.

Apparently satisfied that the Indianapolis Walmart was a good target, Davis soon decided to rob it again. He discussed his plans with Williams (his cousin and Greer's brother) and Orkman. Orkman originally was "okay with it," but later told Davis that she wanted out. Davis informed Orkman that the robbers would kill her if she told anyone. Davis and Williams then moved forward with their plans for the second robbery.

Williams testified about the details of the second robbery. Orkman was working the overnight shift from August 27-28, 2015. Davis drove Williams to the Indianapolis Walmart and gave him a gun to use during the robbery. Williams entered the store and hid inside the restroom before calling Davis. Next, Davis called Orkman to see if she was working at the front of the store. Orkman testified that she received a phone call from Davis, who told her to "[g]et ready," which she understood to mean that the robbery was about to take place.

Williams left the bathroom, found Orkman, showed her the handgun, and demanded that Orkman take him to the cash room. Orkman testified that she thought she would be shot if she did not comply. Security video captured the following events. Just after midnight on August 28, Orkman and Williams entered the cash room, and Williams gathered cash from the counter. Orkman opened the safe and removed bundles of cash, which Williams placed into his bags. Williams then restrained Orkman's hands with zip ties and bound Orkman's mouth with duct tape. Williams walked out of the store and went to a nearby apartment parking lot where Davis was waiting.

Later that day, Davis paid $8, 000 in cash for a white Land Rover, which he purchased from a used car dealership. The car dealer testified that the cash was in low-denomination bills, principally $5 and $20. The Indianapolis Metropolitan Police Department ("IMPD") suspected that the June 8 and August 28 robberies were related, and Orkman was a person of interest because she had worked during both of the robberies even though they occurred during different shifts. While conducting surveillance on Orkman, an IMPD officer noticed Davis's Land Rover parked outside of Orkman's apartment. The officer learned that the Land Rover had been...

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