United States Ninth Circuit

Defendant's robbery and firearm use conviction is affirmed where the district court did not err under Fed. R. Evid. 701 and 702 by allowing lay witnesses to testify that defendant used a gun during the robbery. However, his sentence is vacated where the district court erred when it concluded that it had no legal authority to consider a reduction for acceptance of responsibility after defendant failed to plead guilty and contested the charge that he used and carried a firearm.

Appellate Information

• Decided 02/25/2010
• Published 02/25/2010

Judges

• Before JEROME FARRIS, DOROTHY W. NELSON and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Myra D. Mossman, Santa Barbara, CA, for the defendant-appellant., Rosetta L. San Nicolas, Assistant United States Attorney, Hagatna, Guam, for the plaintiff-appellee.