Defendants convictions for crimes relating to a conspiracy to rob armored vehicles and the shooting death of an armored vehicle guard during a robbery committed in furtherance of the conspiracy is affirmed and most of defendants' challenges are rejected, except with respect to the government's concession that the convictions on counts eight and nine violated double jeopardy and that one of the defendants must be resentenced on a count because he was not allowed the opportunity to allocute for that count.
Appeal from the United States District Court for the District of Puerto Rico
Decided October 23, 2009
Opinion by: Lipez, Circuit Judge
For Appellant: Steven M. Potolsky, David Abraham Silva
For Appellee: Maria A. Dominguez-Victoniano, Thomas Klumper, Assistant United States Attorneys, Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Perez-Sosa, Assistant United States Attorney