Page 57 - March April 2020 TPA

bills and clothing worn by the robbers were found Though the Government has forfeited its argument
in or around Jordan’s brother’s apartment complex as to whether an error occurred, it has not waived
immediately after the robbery. From this evidence its argument as to whether the error was harmless.
alone, a reasonable juror could conclude that As the Government notes, the testimony was
Jordan participated in the robbery. harmless because it did not have a “substantial and
As for the second count—aiding and abetting the injurious effect or influence in determining the
brandishing of a firearm during and in relation to a jury’s verdict.” Before Officer Helms’ testimony
crime of violence—the evidence also supports was presented, the jury had already heard testimony
conviction. Anderson and Loring’s testimony from two co-defendants who described Jordan’s
demonstrates that Jordan played a leadership role in involvement in the robbery and from other officers
organizing the robbery. Witnesses testified that a who had traced Jordan’s phone along the robbery
gun was brandished at a teller and pointed at a route and described the clothing and bait bills
customer. A pistol was found in the Tundra driven found at the apartment complex of Jordan’s other
by Jordan. And another gun was found in a shoebox brother, Terrance. Because this substantial evidence
at Jordan’s brother’s apartment under gloves supports the conclusion that Jordan was guilty of
resembling those used in the robbery. From this aiding and abetting robbery, during which a firearm
evidence, a reasonable jury could, and did, was used—absent information about a relationship
conclude that Jordan was aware that a firearm between Jordan and Wise—any error was harmless.
would be brandished in the commission of the A review of the record and relevant case law
robbery. demonstrates that Jordan was convicted on the
Jordan argues that the evidence is insufficient to basis of sufficient evidence; the admission of
link him to the crime because the pistol in the car evidence regarding his relationship to Wise was, at
was not loaded and his fingerprints weren’t on the worst, harmless error; and the district court did not
weapon. However, whether Jordan ever held the plainly err in admitting testimony of Anderson and
pistol is of no moment because “[w]hover commits Loring’s guilty pleas.
an offense against the United States or aids, abets,
counsels, commands, induces or procures its The evidence was sufficient to support the jury’s
commission, is punishable as a principal.” And the finding of guilt against Wise.
jury made a specific finding that Jordan had
advance knowledge that a firearm would be used Wise argues that the evidence was insufficient to
by someone during the crime. Given Jordan’s role support his conviction in two respects: first, that
in the robbery, that a firearm actually was there was no evidence Wise “aided and abetted”;
brandished in the credit union and pointed at a second, that there was no evidence Wise had
customer, and that Jordan was driving the car that advance knowledge that a weapon would be used.
housed a pistol, the jury’s guilty verdict was We review the first argument de novo, but we
reasonable. review the second argument for a manifest
We review evidentiary rulings for an abuse of miscarriage of justice. Both are unavailing.
discretion, subject to the harmless error rule.18 An Wise first argues that the jury only received
abuse of discretion occurs when a ruling is evidence that he was present during the robbery,
grounded in a legal error or based on a clearly but that it did not receive any evidence that Wise
erroneous analysis of the evidence.19 But even if participated. To be sure, “presence at the scene and
such an error occurs, we will not reverse if the close association with those involved are
guilty verdict was unattributable to the error—the insufficient factors alone; nevertheless, they are
harmless error rule. relevant factors. (emphasis by ed.) . . . and coupled

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