Reyes v. U.S.

Dist. Ct. did not err in denying defendant's habeas petition that challenged his conviction for brandishing firearm in furtherance of crime of violence, under circumstances where one of defendant's co-conspirators brandished gun during robbery of credit union. Record showed that instructions given to jury tied liability to instant brandishing charge to robbery of credit union, which qualified as crime of violence under 18 USC section 924(c). Moreover, bank robbery charge satisfied elements clause in statutory definition of crime of violence, and instructions given to jury permitted defendant's conviction in brandishing firearm offense only if gun was brandished in furtherance of robbery itself, and not merely in furtherance of conspiracy as defendant contended.