U.S. v. PLEAU

Nos. 11-1775, 11-1782.

680 F.3d 1 (2012)

UNITED STATES of America, Appellee, v. Jason W. PLEAU, Defendant, Appellant. Lincoln D. Chafee, in his capacity as Governor of the State of Rhode Island, Intervenor. In re Jason Wayne Pleau, Petitioner. Lincoln D. Chafee, in his capacity as Governor of the State of Rhode Island, Intervenor.

United States Court of Appeals, First Circuit.

Decided May 7, 2012.

Order denying motion to stay mandate May 21, 2012.


Attorney(s) appearing for the Case

Claire Richards , Executive Counsel, for intervenor.

William F. Cavanaugh , Daniel Ruzumna , Joshua A. Goldberg , Jason S. Gould , Muhammad U. Faridi , Christopher M. Strong , Catherine E. Geddes and Patterson Belknap Webb & Tyler LLP on brief for National Governors Association and Council of State Governments, Amici Curiae.

Matthew L. Fabisch on brief for the Stephen Hopkins Center for Civil Liberties, Amicus Curiae.

Robert B. Mann , by appointment of the court, with whom Mann & Mitchell, David P. Hoose , by appointment of the court, and Sassoon, Turnbull & Hoose, were on supplemental brief for petitioner.

Anthony D. Mirenda , Daniel N. Marx , Jennifer S. Behr , Eric A. Haskell , Foley Hoag LLP, Carolyn A. Mannis , Rhode Island ACLU, Zachary L. Heiden , ACLU of Maine, Barbara A. Keshen , New Hampshire Civil Liberties Union, Joshua L. Dratel , National Association of Criminal Defense Lawyers, Juan F. Matos de Juan , Colegio de Abogados de Puerto Rico, William Ramirez , ACLU of Puerto Rico, John Reinstein , ACLU of Massachusetts, Judith H. Mizner , Office of the Federal Defender, Prof. Andres Horwitz , Rhode Island Association of Criminal Defense Lawyers, on brief for Rhode Island ACLU; ACLU of Puerto Rico; ACLU of Maine; ACLU of Massachusetts; New Hampshire Civil Liberties Union; Office of the Federal Defender for the Districts of Rhode Island, Massachusetts and New Hampshire; National Association of Criminal Defense Lawyers; Rhode Island Association of Criminal Defense Lawyers; and Colegio de Abogados de Puerto Rico, Amici Curiae.

Donald C. Lockhart , Assistant United States Attorney, with whom Peter F. Neronha , United States Attorney, was on brief for appellee.

Before LYNCH, Chief Judge, TORRUELLA, BOUDIN, HOWARD and THOMPSON, Circuit Judges.


OPINION EN BANC

BOUDIN, Circuit Judge.

A federal grand jury indicted Jason Pleau on December 14, 2010, for crimes related to the September 20, 2010, robbery and murder of a gas station manager making a bank deposit in Woonsocket, Rhode Island. 18 U.S.C. §§ 2, 1951(a) (robbery affecting commerce); id. § 1951(a) (conspiring to do the same); id. § 924(c)(1)(A), (j)(1) (use of a firearm during and in relation to a crime of violence...

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