U.S. v. Morrow

Record contained sufficient evidence to support jury’s guilty verdict on two use-of-firearm in furtherance of crime of violence charges, even though defendant argued that he used fake firearm during relevant robberies. Photo in co-defendant’s cell phone introduced into evidence at trial contained image of silver and black Smith and Wesson handgun, and police recovered Smith and Wesson handgun magazine in defendant’s bedroom. Moreover, defendant failed to mention existence of fake gun during his custodial interview, and picture of alleged fake gun did not match gun in cell phone photo. Ct. also rejected defendant’s argument that Hobbs Act robbery is not crime of violence, where Ct. observed that Hobbs Act robbery entails use or threat of force. Dist. Ct. erred, though, in calculating restitution at $61,409.38, where said calculation included property that was in government’s possession.