09-2569 U.S. v. Villegas

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Sentencing
Brandishing a firearm enhancement

The evidence supported an enhancement for brandishing a firearm during a bank robbery attempt, even though the robbery was thwarted before it began, and the gun was possessed by a government informant.

“In this case, Villegas on two occasions claimed that his ‘friend’ in the armored vehicle would just hand over the money; however, Garibay specifically stated to Villegas that ‘if the guy tries to pull one out, then I do. . . . I’m going to have to shoot him.’ On the night before the attempted robbery, when Garibay showed Villegas the gun and bulletproof vest, Villegas asked ‘[d]oes it work and everything,’ and inquired as to whether Garibay was planning to wear the vest. There was also testimony at trial that law enforcement placed the gun in Garibay’s car the morning of the attempted offense. So Garibay ‘possessed’ the gun ‘in preparation’ for the attempted offense, and this possession was reasonably foreseeable to Villegas. It does not matter that Villegas himself never possessed the weapon.”

Affirmed.

09-2569 U.S. v. Villegas

Appeal from the United States District Court for the Northern District of Illinois, Kendall, J., Williams, J.

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