USA. v. Robinson

• Decision Date: 29 October 2001
• Docket Number: No. 00-4851,N,00-4851
• Citation: 275 F.3d 371
• Parties: (4th Cir. 2001) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOSEPH BROOKS ROBINSON, Defendant-Appellant. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STANLEY LEON OBANION, JR., Defendant-Appellant. o. 00-4853 Argued:
• Court: U.S. Court of Appeals — Fourth Circuit

Page 371

275 F.3d 371 (4th Cir. 2001)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOSEPH BROOKS ROBINSON, Defendant-Appellant.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STANLEY LEON OBANION, JR., Defendant-Appellant.

No. 00-4851, No. 00-4853

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Argued: October 29, 2001

Decided: December 17, 2001

As Amended on Grant of Rehearing January 7, 2002

Appeals from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CR-98-442) [Copyrighted Material Omitted]

[Copyrighted Material Omitted]

[Copyrighted Material Omitted] COUNSEL ARGUED: Fred Warren Bennett, Greenbelt, Maryland; Martin Gregory Bahl, FEDERAL PUBLIC DEFENDER'S OFFICE, Baltimore, Maryland, for Appellants. Jan Paul Miller, Assistant United States Attorney, UNITED STATES ATTORNEY'S OFFICE, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Denise C. Barrett, Assistant Federal Public Defender, Baltimore, Maryland, for Appellants. Stephen M. Schenning, United States Attorney, UNITED STATES ATTORNEY'S OFFICE, Greenbelt, Maryland, for Appellee.

Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge Wilkins wrote the opinion, in which Judge Williams and Judge Michael joined.

OPINION

WILKINS, Circuit Judge:

Joseph Brooks Robinson and Stanley Leon Obanion, Jr. (collectively, "Appellants") appeal their convictions on various charges stemming from a series of violent carjackings committed between December 29, 1997 and January 2, 1998. Appellants maintain that venue on one of the counts was improper; that evidence obtained during searches of their homes should have been suppressed; and that the district court abused its discretion in admitting the testimony of Crystal Longshore. Additionally, Robinson maintains that he was deprived of his statutory right to the assistance of two attorneys. For the reasons set forth below, we affirm.

I.

On the evening of December 29, 1997, Appellants and two companions, Larry Erby and Brian Brown, were walking through their neighborhood in Fort Washington, Maryland, when Robinson stated that "he needed a car for the night" and that he planned to rob someone. J.A. 475. After Obanion and Erby indicated assent to this plan (Brown did not wish to participate), Robinson, who was armed with a semi-automatic pistol, stepped into the street and attempted, unsuccessfully, to flag down passing motorists. While these efforts were ongoing, the group observed a green Acura pull into a driveway a short distance down the street. Obanion took the firearm from Robinson and ran over to the vehicle, with Robinson and Erby following. As the driver, Louis Perkins, exited, Obanion pointed the gun at his head and demanded his keys and his wallet. While Perkins complied, Robinson and Erby got into the automobile; once he had Perkins' keys and wallet, Obanion entered the driver's seat and drove away.

Obanion drove the group to southeast Washington, D.C., where they came upon a man walking on the side of the road. Obanion pulled over and Robinson exited, holding the gun. He demanded money from the man, and when the man said he had none, Robinson shot him. After Robinson returned to the vehicle and Obanion drove away, Robinson said that he had shot the man "because he felt like it" and because he needed to kill someone in order to "earn his stripes," a tattoo to which one becomes entitled upon killing someone. J.A. 489.

As Appellants and Erby headed back toward Maryland, two of the tires on the stolen Acura blew out. As the men were trying to determine what to do, a tow truck driven by Matthew Dozier happened upon them and pulled over. Dozier towed the Acura to a neighborhood in the District of Columbia, where he unhooked the vehicle and began to fill out some paperwork in the cab of the tow truck. Robinson and Obanion, who were standing at the back of the Acura with Erby, began to argue about who should kill Dozier. Obanion won the argument by reminding Robinson that Robinson had already killed someone that night and that it was Obanion's turn to earn his stripes. Obanion shot Dozier four times as Dozier begged for his life. Appellants and Erby then got into the tow truck and began to drive away. As they pulled away from the curb, Robinson observed that Dozier was still moving. Obanion jumped out of the truck, ran back to Dozier, and shot him once more. Obanion returned to the truck, excited and singing. Dozier later died of the gunshot wounds inflicted by Obanion.

The group again headed toward Maryland, with Robinson driving the tow truck. On the way, Robinson stated that the group needed to steal another car for use the next day in more carjackings and robberies. As they were driving through a residential neighborhood in Maryland, they observed a white Nissan Maxima, which was driven by Hurley Enoch. Robinson followed Enoch, eventually trapping him in a cul-de-sac. Robinson stole Enoch's wallet at gunpoint and he and Erby drove off in the Maxima; Obanion followed in the tow truck. Shortly thereafter, Obanion abandoned the tow truck and joined Robinson and Erby in the Maxima.

Appellants drove Erby home, then proceeded to the home of Crystal Longshore, arriving at about 3:00 a.m. on the morning of December 30. Longshore and her boyfriend--whom Appellants had come to see--were asleep on the couch in the living room. From her position on the couch, Longshore listened as Robinson and Obanion described the murder of Dozier. She then watched as they acted out the scene, with Obanion playing the part of the doomed victim. Appellants also showed Longshore Dozier's wallet and driver's license. Later that morning, Longshore observed Appellants leave in a white Nissan Maxima.

At approximately 8:45 that evening, Corporal Copeland of the Prince George's County Police Department spotted the stolen Maxima. When Copeland turned on his emergency lights, the driver of the Maxima accelerated suddenly. Copeland chased the vehicle until it crashed into a parked automobile; as Copeland exited his patrol car, he observed the driver of the Maxima running away from the scene. Copeland called for assistance, and Corporal Landers responded to the scene with a police dog. Landers swept the area, leaving his patrol car running so that the vehicle would be warm when he and the dog returned to it. Upon returning to his starting point, Landers realized that his patrol car was gone. The vehicle was found approximately 40 minutes later, but several items, including a police jump suit, a raincoat, a neoprene mask, and a pair of gloves, were missing from the trunk.

Shortly after this incident, Obanion returned to Longshore's apartment carrying a police duffel bag. Obanion emptied the contents of the bag onto the living room floor, revealing the items stolen from the police vehicle. Robinson arrived at the apartment approximately 20 minutes later, out of breath. Robinson told those present that he had just finished running from the police.

Three days later, on January 2, 1998, Appellants again met up with Erby. Also present were Erby's brother, Leroy Erby (Leroy), and Kenneth Maxwell. Obanion announced that he wanted to commit another carjacking and robbery that evening, and persuaded the others to help him by promising them a share of the proceeds of the robbery. Using a Datsun belonging to the Erbys' sister and driven by Leroy, the group proceeded to a suburban Maryland neighborhood, where Appellants and Maxwell exited the vehicle and began running through the yards. The three came upon Bruce Chase, who was removing packages and purses from his girlfriend's automobile. Robinson approached Chase and demanded the purses at gunpoint. Chase handed the purses to Robinson and began to back away, turning briefly to shout at his girlfriend, who had come outside, to get back in the house. When Chase turned around again, Obanion was pointing the gun at him. Chase's girlfriend then activated the panic alarm in the house, which could be heard outside. Upon hearing the alarm, Appellants and Maxwell ran back to the Datsun and all five men drove off.

Chase got into his own vehicle and pursued the Datsun. The pursuit eventually led to another neighborhood, where Chase briefly lost sight of the Datsun. While they were out of sight, Obanion exited the Datsun with the gun. When Chase drove into the neighborhood, Obanion shot at Chase's vehicle, striking Chase in the leg. Chase was able to drive away and get medical treatment.

Leroy drove the Datsun to another part of the same neighborhood, where Appellants exited. Appellants ran through the neighborhood and came upon Gloria Ryan, who was backing her minivan out of her garage. In the van were Ryan's two children, aged six and five, and an infant whom Ryan was babysitting. Ryan heard a thump behind her and stopped, believing that she had hit someone or something. She turned to find Robinson standing next to the driver's side door, pointing a gun at her head. Robinson demanded that she get out of the minivan and hand over the keys. After telling her children to get out of the vehicle, Ryan exited as well. Obanion removed the car seat holding the infant and threw it on the lawn.

Appellants then drove to where the Erbys and Maxwell were waiting and picked them up. As they were driving away, they were spotted by police, who pursued them to their neighborhood in Fort Washington. Obanion, who was driving, crashed the minivan into a mailbox and all five men fled on foot. They were subsequently apprehended.

Based on these events, Appellants were charged with conspiracy to commit carjackings, see 18 U.S.C.A. S 371 (West 2000); using and carrying a firearm during and in relation to a crime of violence (the carjacking conspiracy), see 18 U.S.C.A. S 924(c)(1) (West 2000); causing death by use of a firearm during the course of the S 924(c) offense, see 18...