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United States v. Jackson

United States Court of Appeals, Eighth Circuit

January 22, 2019

United States of America Plaintiff - Appellee
v.
Daniel Louis Jackson Defendant-Appellant

          Submitted: November 15, 2018

          Appeal from United States District Court for the Northern District of Iowa - Waterloo.

          Before BENTON, BEAM, and ERICKSON, Circuit Judges.

          ERICKSON, Circuit Judge.

         In October 2017, a jury found Daniel Louis Jackson guilty of all counts of a four-count Superseding Indictment for his role in a bank robbery in Hopkinton, Iowa: (1) Armed Bank Robbery and Aiding and Abetting Armed Bank Robbery; (2) Aiding and Abetting the Use, Carrying, and Brandishing of a Firearm During a Crime of Violence; (3) Conspiracy to Commit Armed Bank Robbery; and (4) Conspiracy to Use, Carry, and Brandish a Firearm During a Crime of Violence. Jackson appeals, challenging (1) the admission of three Facebook videos into evidence and (2) the district court's[1] instruction on the elements of aiding and abetting the use, carrying, or brandishing of a firearm during a crime of violence. We affirm.

         I. Background

         On October 17, 2016, Daniel Jackson and his co-defendant Jason Centeno traveled from Muscatine, Iowa, to the Citizens State Bank of Hopkinton, Iowa. While Jackson waited in the car, Centeno entered the bank and took video of its interior. Three days later, Jackson (in the company of Centeno and their roommate Edgar Pauley) went to the Muscatine Wal-Mart and purchased black pantyhose, ski hats, and zip ties.

         On the morning of October 21, 2016, Jackson and Centeno donned the disguises they purchased at Wal-Mart and entered the bank. Once inside, the two men leapt over the counter, whereupon Jackson displayed a knife, used a zip tie to secure a teller's hands behind her back, and took money from her drawer. Meanwhile, Centeno brandished a .38 special revolver and demanded that a second teller give him the money from her drawer. Having accomplished his task with the first teller, Jackson approached the second teller and ordered her to the ground.

         While this was going on, the bank's manager entered the bank, having just re-parked his car to find the robbery in progress. Jackson accosted him, ordered him to the ground, and secured his hands with a zip tie, inadvertently dropping a zip tie on the floor. Jackson's DNA was later found on both zip ties.

         Jackson and Centeno made their getaway with approximately $8, 225 of purloined cash in their possession. The pair then fled the state with Pauley, leaving the .38 revolver with Centeno's mother in New York and eventually making their way to Daytona Beach, Florida, where they were arrested.

         Prior to trial, defense counsel moved to exclude three videos that Jackson messaged to his Facebook friends in the days leading up to the robbery. The first video, sent to "EBK Rich," showed Jackson driving through a residential area and twice telling Centeno to fire the revolver toward the houses. Centeno complied. EBK Rich and Jackson also had a conversation through Facebook Messenger. Jackson said that he was "bout to do some real shit." EBK Rich then asked Jackson, "What you about to do?" Jackson responded with two words: "Bank" and "Robbing."

         The second video showed Centeno firing two rounds from the revolver into an abandoned building while wearing the same jacket he wore during the robbery. Centeno then passed the gun to Jackson, who also fired two rounds.

         The third video showed Jackson displaying twenty rounds of ammunition and stating, "Get what you want. I went to the store and got bullets with no, no ID." He picked up a black .38 special revolver and said, "I got this pretty baby." He then pointed the gun at the camera and dry fired it.

         The district court denied Jackson's motion in limine, ruling that the videos were intrinsic evidence that "tend[ed] to logically prove the elements of the crimes at issue." In the alternative, the court found that if the evidence was extrinsic to the charged crimes, it ...


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