United States v. James

528 F.2d 999 (1976)

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Nature of the Case

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Facts

Ds were members of the RNA, Republic of New Africa in Jackson, Mississippi. The RNA claimed to be an independent foreign nation. Drills with weapons were held, and they developed a plan of self-defense and were prepared to resist any intrusion. Eventually, the FBI and local police planned a raid on the premises. They took positions around the building and then used a bullhorn and advised the occupants of their authority and purpose and that the occupants should leave the building. No response was forthcoming. Tear gas was used, and suddenly a heavy barrage of gunfire erupted out from the building. One police officer was killed, and one FBI agent was injured. About 20 minutes later several parties exited the building and were given Miranda warnings. Eventually, all the parties surrendered and various parties admitted to firing on the agents. All of the Ds were convicted of conspiracy and then they appealed contending that the evidence was insufficient to support any conviction under the conspiracy count.