COURT OF APPEALS FOR THE FIRST CIRCUIT
United States v. Seary-Colon
United States Court of Appeals
For the First Circuit
No. 18-1859
UNITED STATES OF AMERICA,
Appellee,
v.
JUAN E. SEARY-COLÓN,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Gustavo A. Gelpí, U.S. District Judge]
Before
Howard, Chief Judge,
Thompson and Barron, Circuit Judges.
Johnny Rivera-González for appellant.
Seth A. Tremble, Special Assistant United States Attorney,
with whom W. Stephen Muldrow, United States Attorney, and
Mariana E. Bauzá-Almonte, Assistant United States Attorney, Chief,
Appellate Division, were on brief, for appellee.
May 4, 2021
THOMPSON, Circuit Judge. Defendant-appellant Juan E.
Seary-Colón ("Seary") was charged with Hobbs Act robbery, in
violation of 18 U.S.C. § 1951(a) (Count One); murdering a person through the use of a firearm during a crime of violence, in violation of18 U.S.C. § 924
(j) (Count Two); possessing a firearm in furtherance of a crime of violence, in violation of18 U.S.C. § 924
(c)(1)(A)(iii) (Count Three); and being a convicted felon in possession of a firearm, in violation of18 U.S.C. § 922
(g)(1) (Count Four). After a three-day trial, the jury convicted him on all counts. Seary now challenges the district court's denial of his motion to suppress identification evidence, the sufficiency of the evidence supporting his convictions, and the district court's determination that Hobbs Act robbery qualifies as a "crime of violence" under18 U.S.C. § 924
(c), which underpinned his
convictions on Counts Two and Three. Finding no error, we affirm.
I. Background
A. Factual Background
On April 3, 2012, around 3:20 p.m., two men entered the
Piezas Importadas located on Monserrate Avenue in Carolina, Puerto
Rico, to commit a robbery. Piezas Importadas is an auto parts
store that sells merchandise obtained from suppliers located in
the mainland and abroad. April 3rd, 2012 was a busy day at the
store, and several customers and employees were around at the time
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of the robbery. Five employees, including José Méndez-del Valle
("Méndez") and the store manager David Méndez-Calderón ("Méndez-
Calderón"), were working behind the service counter facing the
door through which the robbers entered. As the store owner's wife
and store accountant, María Judith Sanabria-Rivera ("Sanabria"),
was getting ready to leave for the day and was heading towards the
door, the two men burst into the store. The first man to enter
was wearing a cap and a dark hoodie. He entered the store while
brandishing a firearm, announced the robbery, and ordered everyone
to "lie on the ground." Sanabria noticed that the man had "very
specific" eyebrows that "were marked going up and then thin coming
down; not . . . like . . . regular eyebrows that men usually have."
She also noticed that he had a peculiar tattoo on his left leg,
which had light, basic colors, "not like the tattoos that are used
nowadays with . . . lot[s] of color[s]." Before anyone could get
down, the gunman walked straight to the service counter, pointed
his gun at Méndez-Calderón, and shot him once in the face. Méndez-
Calderón fell to the ground and died shortly thereafter as a result
of the gunshot wound. The gunman started walking from one side
of the store to the other while cursing and yelling at everyone
not to look at him. Meanwhile, the other robber jumped over the
service counter and asked Méndez for the store's petty cash.
Méndez complied and handed him a metal box with appr