Carter v. United States

Appellants Rodney Tucker and Sean Carter each were convicted of assault with intent to commit robbery while armed (AWIRWA), see D.C. Code §§ 22-401, -4502; assault with a dangerous weapon (ADW), see D.C. Code § 22-402; two counts of possession of a firearm during a crime of violence or dangerous offense (PFCV) (one count based on the AWIRWA conviction, and the other based on the ADW conviction), in violation of D.C. Code § 22-4504 (b); possession of an unregistered firearm (UF), in violation of D.C. Code § 7- 2502.01; unlawful possession of ammunition (UA), in violation of D.C. Code § 7-2506.01 (3); and carrying a pistol without a license (CPWL), in violation of D.C. Code § 22-4504 (a). In addition, Carter was convicted of fleeing a law enforcement officer, see D.C. Code § 50-2201.05b (2005 Supp.). Both appellants argue that the evidence was insufficient to support their convictions. Carter argues in addition that his conviction should be reversed because he was prejudiced by the erroneous aiding and abetting instruction that the court gave to the jury and by the courts having permitted the jury to hear the tape of a 311 call that, he asserts, was more prejudicial than probative. Carter also argues (and the government agrees) that his convictions for AWIRWA and ADW should merge.