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United States of America v. Anthony C. Harris

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Before Torruella, Boudin and Dyk, *fn1 Circuit Judges.

Anthony Harris now appeals from his conviction on five counts under the Criminal Code for his participation in an armed robbery of the Hannaford Supermarket (“Hannaford”) in Dover, N.H. Because Harris argues inter alia that the evidence against him was insufficient, we begin with a summary of evidence at trial taken in the light most favorable to the government. United States v. Luna, 649 F.3d 91, 96 n.2 (1st Cir. 2011).

On September 23, 2008, Orlando Matos proposed a robbery of the Hannaford to his brother-in-law, Thomas Peterson, and to Harris, who was Peterson’s friend. All three agreed to a plan to rob the Hannaford. Matos and Harris were to provide guns (respectively, a .380 caliber revolver and a stolen .25 caliber hand gun), Harris was to furnish and drive the get-away car, and the three men were to divide the proceeds equally.

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