By: WISCONSIN LAW JOURNAL STAFF//October 7, 2022//
7th Circuit Court of Appeals
Case Name: United States of America v. Rickie Foy
Case No.: 21‐2753
Officials: FLAUM, BRENNAN, and SCUDDER, Circuit Judges
Focus: Statutory Interpretation – Felony Bank Theft
Rickie Foy was among a group of individuals whose attempt to forcibly break into a Chicago ATM during summer daylight hours was recorded by the machine’s security camera. After Foy’s arrest, federal charges were brought against him, and he was found guilty of conspiracy to commit bank theft in violation of 18 U.S.C. §§ 371 and 2113(b). On appeal, Foy raises three issues: first, that the government was required to show evidence of intent to steal more than $1,000, rather than just intent to steal; second, that the government fell short of establishing a conspiracy at trial; and third, that the district court impermissibly considered the civil unrest in the wake of George Floyd’s death as an aggravating factor in sentencing Foy.
The district court did not err in concluding the government was only required to show that Foy and his co‐conspirators intended to steal money, not that they specifically intended to steal more than $1,000.
The district court properly ruled that Foy entered into a tacit agreement with his co‐conspirators to rob the ATM.
Thirdly, the court conclude that the district court did not commit error in finding that Foy’s brazen act contributed to the widespread looting and property destruction taking place in Chicago at the time.
Affirmed
Decided 10/03/22