Twin Brothers Plead Guilty to Robbery and Firearm Brandishing in Colorado
Javae McClain and Javaris McClain each pleaded guilty in federal court in Denver to one count of robbery affecting commerce and one count of brandishing a firearm during a crime of violence. The convictions trigger mandatory minimum sentences and remove the pair from the streets of Aurora pending sentencing.
abcnews.go.comDENVER — Twin brothers Javae McClain, 19, and Javaris McClain, 19, both of Aurora, pleaded guilty May 7 to robbery affecting commerce and brandishing a firearm during and in relation to a crime of violence, the U.S. Attorney’s Office for the District of Colorado announced.
The brothers each admitted to the two counts in U.S. District Court for the District of Colorado. The charges stem from a single incident in which the pair robbed a business engaged in interstate commerce while displaying a firearm.
Under federal law, the robbery count carries a maximum 20-year prison term. The brandishing count carries a mandatory minimum sentence of 84 months that must run consecutively to any other sentence. Sentencing has not yet been scheduled.
The pleas resolve the criminal cases against both men. No co-defendants or additional charges are mentioned in the announcement. The U.S. Attorney’s Office did not disclose the specific location of the robbery, the amount taken or the make of the firearm in its May 7 release.
The convictions activate standard federal post-plea procedures, including preparation of a presentence investigation report by the U.S. Probation Office and a sentencing hearing before a district judge. The mandatory 84-month firearm term means each brother will serve at least seven years in prison on that count alone, followed by any additional time imposed on the robbery count.
Federal prosecutors must now file sentencing memorandums and the defense will have an opportunity to seek downward departures or variances within the limits set by the statute. The Bureau of Prisons will designate facilities once final sentences are imposed.
This marks the latest federal gun-and-robbery prosecution resolved by guilty plea in the District of Colorado. The Department of Justice has pursued similar cases under 18 U.S.C. § 1951 for Hobbs Act robbery and 18 U.S.C. § 924(c) for the firearm violation in multiple districts in recent years.
The U.S. Attorney’s Office for the District of Colorado handled the prosecution.
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