August 29, 2014

Tenth Circuit: In Consolidated Appeal, Trial Court’s Rulings Upheld as to All Defendants

The Tenth Circuit Court of Appeals issued its opinion in United States v. Morgan on Wednesday, April 8, 2014.

Tracy Morgan, Killiu Ford, and Augustus Sanford (“Defendants”) concocted an elaborate plan to rob a man, Mr. Armendariz. The plan was carried out, and Mr. Armendariz was bound while Ford and two other men questioned him about where he kept his money. His wife was confronted separately, and, after Morgan put a gun to her 3-year-old’s head, the wife gave Morgan the location of the money. Morgan found about $30,000, and the conspirators left. The three co-conspirators had arguments about how to split the money. Eventually they were arrested and tried.

All three defendants were indicted and tried together. A jury convicted them of kidnapping, conspiracy to kidnap, and possession of a firearm during a crime of violence. Each defendant brought a separate appeal, raising overlapping but not identical issues. After consideration of all the separate and collective appeals, the Tenth Circuit affirmed on all counts.

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