SAN FRANCISCO – Andre Mitchell Brown and Javier Raymond Jenkins were charged with conspiracy and armed bank robbery announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. Brown also was charged with being a felon in possession of a firearm and with use of a firearm during and in relation to a crime of violence.
The defendants both made an initial appearance today before the Hon. Maria-Elena James, U.S. Magistrate Judge, on an indictment issued by a federal grand jury on February 28, 2017. According to the indictment, San Francisco residents Brown and Jenkins surveilled five separate locations in an effort to find a bank or credit union to rob. The indictment further alleges that on August 12, 2016, the defendants traveled to a Richmond District bank on Geary Street where Brown, carrying a .38 caliber pistol in his jacket, approached the bank wearing a wig, fake beard and mustache, sunglasses, jacket, and a glove on his left hand. According to the indictment, the men attempted to rob the bank. The defendants were charged with conspiracy to commit bank robbery, in violation of 18 U.S.C. § 371, and attempted armed bank robbery and aiding and abetting attempted armed bank robbery, in violation of 18 U.S.C. §§ 2113 and 18 U.S.C. § 2. In addition, Brown was charged with being a felon in possession of firearms, in violation of 18 U.S.C. § 922(g)(1), and using, carrying, and possessing a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c).
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. The maximum penalty each defendant faces upon conviction for the conspiracy charge is five years’ imprisonment and the maximum penalty each defendant faces upon conviction for the attempted bank robbery charge is 25 years’ imprisonment. Further, upon conviction, the maximum penalty Brown faces for being a felon in possession of a firearm is 10 years’ imprisonment and the maximum penalty Brown faces upon conviction for using, carrying or possessing a firearm in relation to a crime of violence is life imprisonment, with a minimum mandatory sentence of 25 years’ imprisonment. Additionally, periods of supervised release, fines, forfeitures, and special assessments also could be imposed. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Magistrate Judge Maria-Elena James ordered defendant Brown to appear on March 8, 2017, for a detention hearing, and ordered defendant Jenkin to appear on March 13, 2017, for a detention hearing.
Assistant U.S. Attorney Helen L. Gilbert is prosecuting the case with the assistance of Heidi Dittmer. The prosecution is the result of an investigation by the FBI.