Dist. Ct. did not err in denying defendant’s section 2241 habeas petition that challenged his conviction on charge of aiding and abetting his confederate’s use of firearm during bank robbery. While defendant contended that he lacked advance knowledge that his confederate would pull gun on bank teller, and that his confederate had duped him into participating in bank robbery, Dist. Ct. could properly find that jury would not have doubted that defendant knew beforehand that confederate would use gun in bank robbery, where: (1) actions of both defendant and confederate were coordinated, with defendant distracting one bank teller while confederate pulled gun on other nearby teller; and (2) defendant took advantage of both tellers' shock at seeing gun by invading their workspace and directing one teller to hand money over to him.
Federal 7th Circuit Court
Criminal Court
Reasonable Doubt