United States v. Zackery

LOKEN, Chief Judge.

Omari Ali Zackery pleaded guilty to attempted robbery of a Springfield, Missouri, credit union in violation of 18 U.S.C. §§ 2113(a) and (d). He was then convicted after a bench trial of the second count in the indictment, which charged that Zack-ery violated 18 U.S.C. §§ 924(c) and 2 when he “and another individual did know*646ingly ... brandish and possess a firearm ... in furtherance of the [bank robbery] alleged in Count One.” Zackery appeals this conviction. The primary issue on appeal is whether he may be convicted of this offense based on a Pinkerton theory of liability…