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061930P.pdf   07/12/2007  USA  v.  Omari Zackery
   U.S. Court of Appeals Case No:  06-1930
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Loken, Author, with Murphy and Shepherd, Circuit Judges]
   Criminal case - Criminal law. Defendant could be convicted of a
   substantive offense under 28 U.S.C. Sec. 924(c) based on a Pinkerton
   theory of liability, namely that it was reasonably foreseeable to him
   that his accomplice would use a firearm in furtherance of their
   conspiracy to commit a bank robbery, even though the indictment did
   not charge a conspiracy offense; evidence was sufficient to support
   conviction under the Pinkerton theory of conspirator liability. Judge
   Shepherd, dissenting.