Shooting at police enhances sentence

Juvenile Justice Digest, Apr 18, 2003

A sentence enhancement is appropriate for a robber who fired at police officers in an attempt to flee, the 9th Circuit Court of Appeals held.

Defendant William Piers and an accomplice decided to rob a credit union. They developed a written plan that included the use of hand-guns "in a threatening manner."

Piers claims there was insufficient evidence to prove that he, rather than his accomplice used a gun during the robbery. He also argues that no fingerprints were found on a "Norinco" weapon converted to operate in either an automatic or a semi-automatic setting.

At trial, the accomplice testified that he heard a short burst of shots when he was driving their getaway van. He said that he turned to see Piers cock the gun and shoot. He also testified that Piers had a rifle with him when they switched get-away vehicles after their robbery.

Other testimony pointed to Piers as the shooter. A government witness who tested the Norinco testified that it was very difficult to control even using two hands. The jury could have inferred from this testimony that Piers' accomplice could not have shot the gun and driven the van at the same time.

In addition, a firearms expert testified that the Norinco's internal components had been altered to allow fully automatic use, and that Piers knew the weapon was capable of being fired in an automatic setting.

Piers argues the district court should have instructed the jury that they must find Piers "knew the internally modified weapon operated as an automatic firearm."

Actually, the court instructed the jury that, based on the definition of "machine gun," they must find Piers "knowingly used or carried a machine gun during and in relation to the crime charged...or knowingly possessed a machine gun."

The appeals court affirmed the district court, but remanded two of six convicted crimes

Inf.: U.S. v. Piers, 01-30291, 9th Circ., March 17.