United States v. Anthony Akiti
2012 U.S. App. LEXIS 25994
8th Cir.2012Background
- Akiti was charged with one count of armed credit-union robbery and one count of obstruction of justice; Tang pled guilty to armed robbery.
- At trial, the government showed Akiti drove Tang to MSU for the robbery and waited while Tang robbed APFCU.
- Security video and witness testimony linked Akiti to the white Cadillac used that day and to similar clothing and movements before/after the robbery.
- An arrest followed, and authorities later recovered two $20 counterfeit-like notes at Best Buy tied to the case; Akiti made cash purchases there the morning after.
- Recorded jailhouse calls show Akiti telling his wife to locate items and to dispose of shirts, implying possible concealment of evidence.
- The district court denied Akiti’s motion for acquittal; the jury convicted him on both counts and he was sentenced to 97 months with restitution and supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aiding and abetting armed robbery | Akiti aided Tang and knew of the plan | Evidence insufficient to show Akiti knew Tang was armed | Evidence sufficient; Akiti convicted |
| Sufficiency of evidence for knowledge that Tang was armed | Akiti’s involvement and planning show awareness of armed robbery | Insufficient to prove knowledge of arming | Evidence sufficient; conviction affirmed |
| Sufficiency of evidence for obstruction of justice under 18 U.S.C. § 1512(c)(1) | Cryptic calls directed wife to conceal currency evidence | Calls not clearly intended to obstruct or destroy currency | Evidence sufficient; conviction affirmed |
| Standard of review for denial of judgment of acquittal | Review in government’s light; reasonable interpretations favored | JOA standard requires no reasonable doubt | Abides by de novo standard; reversal only if no reasonable jury could convict |
| Consideration of pro se arguments | Waiver or mootness depending on argument | Error-free, but not essential if merit lacking | Pro se claims waived, moot, or meritless |
Key Cases Cited
- United States v. Spinney, 65 F.3d 231 (1st Cir. 1995) (aider-and-abettor may know principal would be armed when planning a robbery)
- United States v. Weaver, 565 F.2d 129 (8th Cir. 1977) (closely involved with principal before/after robbery supports aiding and abetting)
- United States v. Adipietro, 983 F.2d 1468 (8th Cir. 1993) (jailhouse communications can support obstruction analysis depending on context)
- United States v. Johnson, 639 F.3d 433 (8th Cir. 2011) (de novo review of district court’s denial of judgment of acquittal)
- United States v. Bell, 477 F.3d 607 (8th Cir. 2007) (evidence viewed in light most favorable to government; reasonable-inference allowance)
- United States v. Wesseh, 531 F.3d 633 (8th Cir. 2008) (direct or circumstantial evidence can sustain a conviction)
- United States v. Anderson, 78 F.3d 420 (8th Cir. 1996) (conviction upheld when evidence rationally supports two hypotheses)