U.S. v. Foy

Record contained sufficient evidence to support defendant’s conviction on charge of conspiracy to commit bank theft arising out of incident in which defendant and others unsuccessfully attempted to break into ATM, which contained $190,000 during daylight hours, which was recorded by ATM’s security camera. Ct. of Appeals rejected defendant’s contention that government was required to establish that he intended to steal specific sum of money over $1,000, as opposed to intent to steal money without any monetary qualifier. Also, video footage established existence of agreement to commit instant theft, where defendant and others took turns and shared tools in attempt to break into ATM. Too, Dist. Ct. did not commit plain error in linking instant offense to widespread looting that was occurring at time of charged offense in aftermath of George Floyd’s death as aggravating factor when sentencing defendant, where defendant’s conduct was more than tangentially related to George Floyd’s protests, since defendant himself linked his attempt to rob ATM to backdrop of looting and civil unrest in Chicago.