United States Ninth Circuit

Defendant's bank robbery conviction is affirmed, where Defendant could reasonably foresee that his co-conspirator would use a firearm in committing the robbery, but his sentence is reversed, where the District Court failed to make the requisite finding that Defendant brandished a firearm.

Appellate Information

• Argued 10/25/2006
• Decided 03/30/2009
• Published 03/30/2009

Judges

• Before:  A. WALLACE TASHIMA, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Wayne R. Young, Santa Monica, CA, for the defendant-appellant., Elizabeth R. Yang and Dorothy C. Kim, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellee.