SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

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 of 
18 U.S.C. § 924
(j) (Count Two); possessing a firearm

in furtherance of a crime of violence, in violation of 
18 U.S.C. § 924
(c)(1)(A)(iii) (Count Three); and being a convicted felon in

possession of a firearm, in violation of 
18 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"     under   
18 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


                                     -2-
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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top