990 F.3d 392
5th Cir.2021Background
- In late 2017 David Ray Johnson and Lakendria Nicole Goings committed three armed robberies (two banks, one credit union); surveillance video, a recovered handgun and glove with Johnson’s DNA, and coin rolls tied to Goings were among the key pieces of evidence.
- At the Barksdale Federal Credit Union robbery, surveillance showed Goings at the teller and Johnson later pointing a gun at a teller; two tellers later said they did not see a gun until they viewed footage.
- During a separate Winnsboro robbery the pair fled; Johnson fired at a pursuing deputy’s vehicle (aimed and then fired), and a handgun fell from the SUV when he exited.
- A nine‑count superseding indictment charged each with three armed robberies and related § 924(c) firearm counts; Johnson faced two § 922(g)(1) felon‑in‑possession counts. Both were convicted on all counts after a jury trial.
- During deliberations the jury requested previously‑played audio/video; the court overruled Goings’s objections and replayed the exhibits. Johnson received a 498‑month sentence (including consecutive § 924(c) terms); Goings received 339 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: Johnson — brandishing (Barksdale FCU) | Gov: video shows Johnson pointed gun to intimidate; intent/acts enough | Johnson: victim testimony says she never saw a gun; statute requires another’s awareness | Affirmed — a reasonable jury could infer Carter saw/reacted to the gun; brandishing proven even under stricter view |
| Sufficiency: Goings — armed robbery and brandishing (Barksdale FCU) | Gov: aiding and abetting Johnson’s use/brandishing of a firearm | Goings: she didn’t carry a gun and no witness saw Johnson with one | Affirmed — aiding/abetting instructions and evidence (surveillance, stolen coin rolls) permit conviction |
| Sufficiency: Johnson — two § 922(g)(1) felon‑in‑possession counts (Rehaif) | Gov: North Carolina felonies post‑2011 carry >1 year; records and signed probation paperwork support knowledge of felon status | Johnson: judgment doesn’t show a single count punished >1 year; Rehaif scienter not proved | Affirmed — NC felony status qualifies; jury could infer Rehaif knowledge from judgment, revocation/commitment and signed probation forms |
| Due process: Goings — district court’s reply to jury note about voice ID | Gov: response (playing requested exhibits) was responsive; jurors decide identity/weight | Goings: court tacitly confirmed the voice was hers, infringing jury’s fact‑finding | Affirmed — court’s statement was not misleading in context; multiple instructions emphasized jury’s role |
| Sentencing: Johnson — § 3A1.2(c)(1) six‑level enhancement (assault on officer) vs § 2K2.4 weapon sentencing | Gov: § 3A1.2(c)(1) addresses assault-on-officer risk; § 2K2.4 covers firearm discharge — different aspects | Johnson: § 2K2.4 commentary forbids weapon enhancements for the underlying offense (double counting) | Affirmed — no plain error; enhancements address different conduct and do not implicate the exact same aspect of conduct |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency review: evidence viewed in light most favorable to verdict)
- Rehaif v. United States, 139 S. Ct. 2191 (2019) (§ 922(g) requires proof defendant knew status as a felon)
- United States v. Gonzales, 841 F.3d 339 (5th Cir. 2016) (brandishing can be found from a defendant’s threatening display)
- United States v. Staggers, 961 F.3d 745 (5th Cir. 2020) (a jury may infer knowledge of felon status absent evidence of ignorance)
- United States v. Huntsberry, 956 F.3d 270 (5th Cir. 2020) (records about prior conviction and sentence are probative of Rehaif knowledge)
- United States v. Garcia‑Gonzalez, 714 F.3d 306 (5th Cir. 2013) (double‑counting prohibited only where guidelines specifically forbid it)