United States v. Duryea Rogers
2015 U.S. App. LEXIS 3976
| 7th Cir. | 2015Background
- On June 26, 2013, Duryea Rogers and co-conspirators attempted an armed robbery of Community Bank in Fishers, Indiana; Rogers pleaded guilty to conspiracy, armed bank robbery, and brandishing a firearm.
- Rogers and an accomplice forced an employee into the bank at gunpoint, ordered her to open the vault (which she could not), and controlled her movements throughout the incident.
- While Rogers struggled with the vault, co-defendant Hardy searched the employee’s purse, took her car keys and ID, and the pair later fled in the employee’s Chevy Equinox.
- FBI agents were surveilling the group; Rogers was later arrested after abandoning the Equinox. Rogers received concurrent terms for the robbery counts and a consecutive 84-month § 924(c) term.
- At sentencing the probation officer recommended, and the district court applied, a two-level U.S.S.G. § 2B3.1(b)(5) enhancement for carjacking; Rogers objected, arguing the keys were not taken by force or intimidation and thus did not qualify.
Issues
| Issue | Rogers' Argument | Government's Argument | Held |
|---|---|---|---|
| Whether taking a victim’s keys during a robbery qualifies as a carjacking under U.S.S.G. § 2B3.1(b)(5) | Keys taken from purse do not satisfy the “person or presence” requirement for carjacking | Possession of keys is functionally equivalent to taking the car from the victim’s presence; keys allow control of vehicle | Enhancement applies: taking keys from victim can constitute carjacking |
| Whether the keys were obtained by “force and violence or by intimidation” required by the guideline | Keys were rummaged from purse, not obtained by coerced relinquishment or force/intimidation | Employee was repeatedly threatened and controlled at gunpoint; keys were taken while victim was under orders | Enhancement applies: facts show force/intimidation when keys taken |
Key Cases Cited
- United States v. Savarese, 385 F.3d 15 (1st Cir. 2004) (broad construction of “presence” to include possession of keys)
- United States v. Soler, 759 F.3d 226 (2d Cir. 2014) (taking keys can place vehicle within defendant’s control for carjacking purposes)
- United States v. Lake, 150 F.3d 269 (3d Cir. 1998) (keys-in-possession view of presence)
- United States v. Edwards, 231 F.3d 933 (5th Cir. 2000) (keys sufficient to satisfy carjacking presence)
- United States v. Casteel, 663 F.3d 1013 (8th Cir. 2011) (endorsing broad “presence” concept)
- United States v. Brown, 200 F.3d 700 (10th Cir. 1999) (key-taking can constitute carjacking)
- United States v. Boucha, 236 F.3d 768 (6th Cir. 2001) (applied similar rule under Guidelines; forced surrender of keys supports enhancement)
- United States v. Medina, 695 F.3d 702 (7th Cir. 2012) (standard for review of guideline application)