This 1995 case is the appeal of a criminal conviction involving a conspiracy to rob armored trucks at the Bank of New England, using Uzi’s and “ninja face masks”.
Decided – November 27, 1995
The opinion is written by Judge Dominguez:
Defendant Robert Emmett Joyce (“Joyce”) challenges the imposition in his sentence of a three-level upward adjustment, pursuant to U.S.S.G. § 3B1.1(b). Joyce seeks to have the adjustment reversed and the matter remanded for resentencing.
We hold that the lower court’s imposition of the three-level upward adjustment, based on Joyce’s role in the offense, is warranted. Consequently, we affirm
The Court’s reasoning in affirming the lower Court adjusted sentencing, is based on the defendant’s managerial role in the conspiracy:
There is no doubt that Joyce exercised managerial responsibilities “over the metaphorical assets of the criminal organization”. Joyce badgered David J. Ryan, a paid confidential government informant, to obtain armored truck route sheets, guard uniforms, and ninja face masks. Joyce further planned the crime to need at least three stolen vehicles, one of them a van with a sliding door (all to be “torched” at the end of the robbery) and a group of at least five experienced, reliable robbers in addition to himself using automatic weapons, including specifically among them, “Uzi submachine guns”
What makes a face mask into a “ninja face masks”? Presumably someone called them that, either in a submitted brief or in testimony? But the Court uses no quotes around the word “ninja” here. Contrast, the Court’s use of quotes around the word “torched” and “Uzi submachine guns”. This Court apparently feels that ninja is a common enough descriptor as to not need quotes.
Not surprising then that the Court rules against this defendant, affirming the lower Court in giving Joyce a lengthened sentence.
In my NinjaLaw post about a Ninja Hood, I wondered if labeling the hood a ninja hood is overly presumptive. Like calling a an object a burglar’s tool, it seems to imply an intent in the object before any action. Similarly the face masks in this case, are “ninja” because they are armed robbers?