Case: 17-20689 Document: 00515100039 Page: 1 Date Filed: 08/30/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-20689 August 30, 2019 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff - Appellee v. SONNY FLOYD PERVIS; RAYNARD GRAY, Defendants - Appellants Appeal from the United States District Court for the Southern District of Texas Before HIGGINSON and WILLETT, Circuit Judges, and BROWN, District Judge.* STEPHEN A. HIGGINSON, Circuit Judge: This appeal arises from the attempted armed robbery and then, two days later, the actual armed robbery of a credit union in Pasadena, Texas in July 2014. Sonny Floyd Pervis and Raynard Gray were convicted of bank robbery under 18 U.S.C. § 2113(a) and received additional sentences under 18 U.S.C. § 924(c) for carrying firearms during the offenses. Pervis and Gray both raise two sentencing issues: first, whether bank robbery under § 2113(a) is a “crime * Debra M. Brown, United States District Judge, Northern District of Mississippi, sitting by designation. Case: 17-20689 Document: 00515100039 Page: 2 Date Filed: 08/30/2019 No. 17-20689 of violence” for purposes of § 924(c); and second, whether the actual robbery was permissibly deemed “second or subsequent” in relation to the attempt two days earlier. Binding authority controls both issues, so we affirm Pervis’s and Gray’s sentences. Gray also challenges the district court’s determination that he was competent to stand trial under 18 U.S.C. § 4241, citing evidence of intellectual disability. The district court’s careful deliberation yielded three expert evaluations and a record posing interpretive difficulties. Deferring to the district court’s reasonable assessment of this complex record, we affirm. I On July 26, 2014, a group of armed men attempted to enter the Shared Resources Credit Union on Highway 225 in Pasadena, Texas, but its doors were locked. Appellants Pervis and Gray were among this group. Two days later, on July 28, Pervis and Gray returned to the credit union. Pervis, who rode in one vehicle with two associates, entered and robbed the credit union at gunpoint. Gray rode in another vehicle that provided surveillance. A third vehicle was for those carrying out the robbery to get away. After Pervis and his two carmates robbed the credit union, they did not get away cleanly, however. Patrol cars caught up to them as they left the area, spurring a high-speed chase that resulted in several arrests but also the escape of several other persons. Law enforcement tracked the defendants down in the ensuing months. Most agreed to be interviewed. In their telling, Gray organized the robbery. Defendant Keith McGee said that Gray recruited him, supplied him with the gun that McGee used in the robbery, and coordinated the group’s efforts on July 28. Defendant Leroy Richardson also said that Gray recruited him and 2 Case: 17-20689 Document: 00515100039 Page: 3 Date Filed: 08/30/2019 No. 17-20689 instructed the group throughout the robbery. Defendant Christopher Braziel likewise identified Gray as the planner of the robbery. Pervis and Gray ...
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