United States v. Darius Freeman
680 F. App'x 181
| 4th Cir. | 2017Background
- Defendants Darius Freeman and Wincy Joseph convicted of armed bank robbery (18 U.S.C. §§ 2113(a), (d), 2) and § 924(c) firearms offenses tied to the bank robbery; Freeman also convicted of carjacking (18 U.S.C. § 2119) and a second § 924(c) count.
- Freeman moved to suppress a photographic lineup identification by a carjacking victim, arguing the ID was tainted because she had seen bank-robbery photos beforehand.
- At the suppression hearing, the victim testified she saw robbery photos only after the lineup; an email suggested she had viewed them earlier, but witnesses said police did not show her the robbery photos.
- Appellants did not raise challenges in district court to whether bank robbery and carjacking qualify as crimes of violence for § 924(c) purposes; appellate review was therefore for plain error.
- The district court denied the suppression motion and convicted both defendants; the Fourth Circuit affirmed in an unpublished per curiam opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of photo ID | Freeman: lineup unduly suggestive because victim had seen robbery photos | Government: police did not show victim robbery photos; ID reliable via normal procedures | Court: No clear error; suppression properly denied |
| § 924(c) conviction based on bank robbery | Freeman/Joseph: bank robbery is not a "crime of violence" | Government: bank robbery is a crime of violence under the force clause | Court: Rejected defendants; bank robbery is a crime of violence (McNeal controls) |
| Jury instruction defining bank robbery as crime of violence | Freeman/Joseph: instruction was plain error | Government: instruction consistent with precedent | Court: No relief; instruction correct under existing precedent |
| § 924(c) conviction based on carjacking & related instruction | Freeman: carjacking is not a crime of violence; instruction was plain error | Government: carjacking is a crime of violence under the force clause | Court: Rejected defendant; carjacking is a crime of violence (recent Fourth Circuit ruling) |
Key Cases Cited
- Perry v. New Hampshire, 132 S. Ct. 716 (2012) (identification reliability usually a jury question; due process exclusion only for extremely suggestive procedures)
- United States v. Lull, 824 F.3d 109 (4th Cir. 2016) (standard of review for suppression rulings: factual findings for clear error, legal determinations de novo)
- United States v. McNeal, 818 F.3d 141 (4th Cir. 2016) (bank robbery is a crime of violence under § 924(c)(3)(A))