United States Ninth Circuit

Defendant's armed robbery conviction and sentence are affirmed where: 1) the absence of defense counsel from a short pretrial conference at which the pre-existing trial date was confirmed and at which nothing else of substance happened did not constitute per se ineffective assistance; and 2) the sentencing court's incorporation of a "brandished" finding in the presentence report and the court's statement at sentencing that defendant had "turned and pointed the handgun at [the teller]," which was "an absolutely harrowing experience for the victims," sufficed to support application of the seven-year minimum sentence provided for in 18 U.S.C. section 924(c)(1)(A)(ii).

Appellate Information

• Argued 06/01/2009
• Decided 08/03/2009
• Published 08/03/2009

Judges

• GRABER, Circuit Judge:, Before:  PAMELA ANN RYMER, SUSAN P. GRABER, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Tarik S. Adlai, Law Offices of Tarik S. Adlai, Pasadena, CA, for the defendant-appellant., Anne C. Gannon, Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.