United States v. Rivera

A jury convicted Rivera of aiding and abetting a pair of Hobbs Act robberies, 18 U.S.C. 1951(a) and his friend’s use of a firearm during them, 18 U.S.C. 924(c)(1)(A)(ii). The same jury acquitted him of, or deadlocked on, counts related to three other robberies. Rivera moved for a judgment of acquittal on the four counts of conviction, arguing that the evidence was insufficient to show that he knew in advance that his friend, Thomas, would commit the armed robberies or to show that he assisted Thomas during them. Alternatively, he asked for a new trial on the ground that the jury should have disregarded Thomas’s testimony—the key evidence at trial—because Thomas was an unbelievable witness and the remaining evidence was too weak to support the convictions. The Seventh Circuit affirmed, finding the evidence sufficient and that the district judge reasonably concluded that concerns about Thomas’s credibility did not warrant a new trial. The court noted testimony by Rivera’s girlfriend, with whom the two lived, and surveillance videos. View "United States v. Rivera" on Justia Law