U.S. v. Rivera

Record contained sufficient evidence to support defendant’s conviction on two counts of Hobb’s Act robberies, as well as friend’s use of firearm in commission of said robberies, even though defendant argued that evidence was insufficient to show that he knew in advance that his friend would commit said robberies, that friend would use gun in said robberies, or that he had assisted friend in commission of said robberies. Friend’s testimony was sufficient to support guilty verdict on one robbery, where friend testified that defendant had driven him to said store, that he and defendant had agreed to split robbery proceeds and that defendant had given him gun to commit said robbery. Also, with respect to second robbery, friend testified that defendant had driven him to second store, that he used same gun that was used in prior robbery, and that defendant had split proceeds with him. Moreover, jury could consider fact that defendant had been present with friend at other stores, where robberies involving friend were committed to support finding that defendant had planned second robbery with friend based upon similarities in robberies. Record also contained other evidence that supported certain aspects of friend’s testimony.