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United States v. Gentry

United States District Court, W.D. Louisiana, Shreveport Division

May 11, 2018

UNITED STATES OF AMERICA
v.
ANTHONY R. GENTRY

          MARK L. HORNSBY MAG. JUDGE.

          RULING

          TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE.

         Before the Court is Defendant Anthony R. Gentry's (“Gentry”) Motion to Vacate, Set Aside, or Correct Sentence [Doc. No. 481], pursuant to 2');">28 U.S.C. § 2');">22');">255. The Court held Gentry's motion in abeyance pending a decision by the United States Supreme Court in Sessions v. Dimaya, 2');">204');">138 S.Ct. 12');">204 (2');">2018). A decision in that case issued on April 17, 2');">2018, and the Court is now prepared to rule.

         For the reasons set forth below, the motion is DENIED and DISMISSED WITH PREJUDICE.

         I. FACTS AND PROCEDURAL BACKGROUND

         On March 2');">27, 2');">2003, a federal grand jury in the Western District of Louisiana returned a four-count indictment, charging Gentry and his five co-defendants with the following four counts: conspiracy, in violation of 18 U.S.C. § 92');">24(o) (Count 1); bank robbery by threat of force, violence, and intimidation, in violation of 18 U.S.C. §§ 2');">2113(a) and (d), (Count 2');">2); use of a firearm during a crime of violence, in violation of 18 U.S.C. §§ 92');">24(c)(1)(A)(i)(ii)(iii), (Count 3); and possession of stolen firearms, in violation of 18 U.S.C. §§ 92');">22');">2(j), (Count 4). [Doc. No. 61]. On July 16, 2');">2003, Gentry pled guilty to Counts 2');">2 and 3. [Doc. Nos. 105, 106, 108]. In support thereof, he stipulated to the following factual basis:

On March 31, 2');">2003, at approximately 9:30 a.m., two Intertrust Armored Car Service guards, Kasey McCann and Donald Rushing, were robbed at gunpoint of over $700, 000 cash as they were making a delivery at the Hibernia Bank, 6161 Greenwood Rd., Shreveport, LA. Approximately $700, 000 of this cash belonged to and was the property of Hibernia National Bank, and approximately $80, 000 of this cash belonged to and was the property of Bank One, N.A., both of which banks were insured by the Federal Deposit Insurance Corporation.
As the guards parked and exited their armored car on the parking lot of the bank, a Suburban pulled in behind them. Four white males exited the Suburban, one armed with an AK-47 type military assault rifle and the others with semi-automatic handguns. The robbers wore ski masks and gloves. The robbers ordered the guards to the ground at gunpoint. The co-defendant, Larry N. Thompson, Sr., was the driver of the Suburban. He remained in the driver's seat as the other robbers handcuffed the guards and then emptied the armored car of cash. The robbers loaded the money into duffle bags, and then put the bags into the Suburban. The robbers then got back into the Suburban and they drove away north on Pines Road.
Besides Larry N. Thompson, Sr., the driver, the other four armed robbers were Regan Gatti, Nicholas B. Gentry, Tung Nguyen, and this defendant, Anthony R. Gentry.
The robbers drove to an apartment complex off of Pines Road, and drove around to the rear parking lot of the complex. A green van driven by Larry Neal Thompson, Jr., met them at that parking lot. The robbers switched from the Suburban to the van with the bags of cash in order to make their escape. Larry Neal Thompson, Jr. and other robbers doused the Suburban with a gas can containing flammable gasoline in order to burn it. However, they decided to flee in the van, leaving the gas can in the Suburban, with Larry Neal Thompson, Jr. driving the getaway van.
Within minutes, a Shreveport Police Officer in a marked police vehicle observed the robbers in the van driving eastbound on I-2');">22');">20 heading toward Bossier City. That officer gave chase. As the robbers were being chased on I-2');">22');">20, Regan Gatti knocked out the rear window of the van, and fired numerous 7.62');">2x39 caliber ammunition at the police officer, using a semi-automatic assault rifle. At least 5 of these bullets hit the Shreveport Police Officer's vehicle, and one of these bullets struck the officer in the left arm after penetrating the vehicle's front window, wounding that officer. Bossier City Police officers joined in the chase as the robbers drove into Bossier City to Green Acres Subdivision.
The van, being driven by Larry Neal Thompson, Jr., drove into an open garage of a residence on N. Melrose St., and the robbers all got out of the van and attempted to enter the residence. When they could not, they ran from that garage through the neighborhood. Several of them entered other houses, trying to hide. Five of the robbers were captured by the police in that neighborhood, including this defendant, Anthony R. Gentry, who was caught as he was on a nearby street.
The police recovered the cash stolen from the guards, ski masks and weapons used by the robbers. These weapons were a Romarm/Cugir, model SAR-1, 7.62');">2x39 caliber semi-automatic assault rifle, serial number S1-35693-2');">2001; a Hesse, model 47, 7.62');">2x39 caliber semiautomatic assault rifle, serial number 2');">2065; and four semi-automatic handguns. These weapons were used and brandished during the armed bank robbery and at last one of the assault rifles and several of the handguns were discharged during the attempt to flee after the armed bank robbery.
This defendant, Anthony R. Gentry, by signing this Factual Basis for Guilty Plea, admits that the other robbers who participated in the armed bank robbery using the firearms described above are: Larry N. Thompson, Sr.; Larry Neal Thompson, Jr.; Regan Gatti; Nicholas B. Gentry; and Tung Nguyen, also known as Tung Nguyn; and he further states that all of them knowingly and intentionally participated in the planning and execution ...

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