United States v. Jackson,

560 F.2d 112 (1977)

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Nature of the Case

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Facts

On June11, 1976, Hodges was introduced to appellant Allen by Longhorne an unindicted co-conspirator. Hodges wanted someone to help her carry out a plan to rob a branch of Manufacturers Hanover Bank. Allen agreed to help her and told her he had access to a car, two sawed-off shotguns, and a .38 caliber revolver. On June 14 Allen arrived at Longhorne's house with Jackson with the tools necessary to accomplish the robbery plan. Allen was picked up while Jackson filled the car with gas. The trio arrived at the bank at 8:00 a.m. but found out that they were too late to affect the plan and decided that without an extra man the job would be too risky. They drove to Coney Island and got Scott to join the team and got another sawed-off shotgun and then drove back to the bank. Allen entered the bank to case the security cameras, and Jackson placed a cardboard piece with a false license number over the authentic license on the car. Scott left the car and returned, but the group decided to reschedule the job for June 21. Hodges was arrested on June 18th for an unrelated bank robbery and then decided to become an informant. Hodges called Allen on June 19 and asked if they were still ready to do the job. Hodges again called on the 20th, but Allen informed her he would not do the job because he had learned that Hodges had been arrested. Hodges thought that the job would be done without her and ten FBI agents took various surveilling positions around the bank. The agents observed a brown four-door Lincoln, with a New York license plate on the front and a cardboard facsimile of a license plate on the rear, moving in an easterly direction on past the bank. It circled the block and came to a stop at a fire hydrant situated at the side of the bank. A black male got out of the passenger side rear door of the Lincoln, walked to the corner of Flushing and Washington, and stood on the sidewalk in the vicinity of the bank's entrance. He then walked south on Washington Avenue, only to return a short time later with a container of coffee in his hand. He stood again on the corner of Washington and Flushing in front of the bank, drinking the coffee and looking around, before returning to the parked Lincoln. It pulled out, proceeded in a westerly direction for one block, stopped, made a U-turn, and parked. After remaining parked in this position for approximately five minutes, it pulled out and cruised east on Flushing past the bank again. It then made a right onto Grand Avenue, the third street east of the bank, and headed south. It stopped halfway down the block, midway between Flushing and Park Avenues, and remained there for several minutes. During this time, D was seen working in the front of the car, which had its hood up. It was next sighted several minutes later in the same position it had previously occupied, and the front license plate was now missing. The vehicle remained parked there for close to thirty minutes. Finally, it began moving east on Flushing Avenue once more, in the direction of the bank. Ds then detected the presence of the surveillance agents. The Lincoln accelerated down Flushing Avenue and turned south on Grand Avenue again. It was overtaken by FBI agents who ordered Ds out of the car and arrested them. They observed a black and red plaid suitcase in the rear of the car. The zipper of the suitcase was partially open and exposed two loaded sawed-off shotguns, a toy nickel-plated revolver, a pair of handcuffs, and masks. A New York license plate was seen lying on the front floor of the car. All of these items were seized. Ds were convicted of the conspiracy charge and attempted robbery charges, but the court indicated that under the facts these preparations were a very close call. D appealed.