Argued January 8, 2015.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 13-CR-00159-- Sarah Evans Barker, Judge.
For United States of America, Plaintiff - Appellee: Matthew P. Brookman, Attorney, Office of The United States Attorney, Evansville, IN; William L. McCoskey, Attorney, Office of The United States Attorney, Indianapolis, IN.
For Duryea Rogers, Defendant - Appellant: Sara J. Varner, Attorney, Indiana Federal Community Defenders, Inc., Indianapolis, IN.
Before BAUER, MANION, and ROVNER, Circuit Judges.
Manion, Circuit Judge.
Duryea Rogers pleaded guilty to conspiracy to commit armed bank robbery, armed bank robbery, and brandishing a firearm during a crime of violence (in this case, a bank robbery). He challenges the district court's imposition of a two-level enhancement for carjacking under U.S.S.G. § 2B3.1(b)(5). We affirm.
On the morning of June 26, 2013, Duryea Rogers and Xavier Hardy (as well as three other co-conspirators) set out to rob a bank. To that end, they drove to the Community Bank in Fishers, Indiana, parked in a lot across the street, and waited. When the first bank employee arrived at just before 8 a.m., they drew their guns on her and forced her into the bank. Under the direction of Rogers, the employee did everything that she would normally do: she turned on lights, deactivated the alarm, placed her purse on the counter, and unlocked the front door. But she did not give the all-clear signal indicating to other employees that it was safe to enter the bank.
Rogers escorted the employee to the vault and ordered her to open it but she could not. (To deter robberies, bank vaults often cannot be opened by a single employee--but advance deterrence relies on criminals knowing this and this group did not.) The robbery was a failure: Rogers and Hardy never obtained any cash from the bank.
But they did not leave empty-handed. While Rogers and the employee struggled with the vault, Hardy rummaged through the employee's purse, and took her car keys and identification. The pair then directed the employee into the break room, ordered her to lie on the floor, and zip-tied her hands and feet together. Rogers and Hardy fled in the employee's Chevy Equinox, which was parked next to the bank. The other co-conspirators fled in a minivan as well as the Chevy Tahoe that Rogers and Hardy had driven to the bank that morning.
What the pair did not realize was that FBI agents were outside the bank waiting for them; indeed, they had been watching them the entire morning as another co-conspirator, Deandre Armour, had been under surveillance for months for suspicion of robbing other banks in Indiana. Various car chases ensued. Ultimately, Rogers and Hardy deserted the Equinox in a hotel parking lot and fled on foot. Hardy was arrested nearby in possession of a .45 caliber pistol. Rogers was found by police hiding in the hotel in a closet and underneath a laundry chute. Officers also located several items discarded by Rogers, including a .40 caliber handgun, two-way radio, and items of clothing worn by him during the bank robbery. Finally, the other three co-conspirators, including Armour, were also arrested without incident.
On April 28, 2014, Rogers pleaded guilty to conspiracy to commit bank robbery (18 U.S.C. § 371), armed bank robbery (18 U.S.C. § § 2113(a) and 2113(d)), and knowingly using, carrying, and brandishing a firearm during and in relation to a crime of violence (18 U.S.C. § 924(c)(1)(A)(ii)). The court sentenced Rogers to 60 months' imprisonment on each of Counts One and Two (to be served ...