US v. Bain, No. 17-10107 (6-11-19)(Tashima w/M. Smith & Piersol). The 9th
reverses a plea to armed bank robbery, vacates the sentence, and remands.
The 9th concludes that defendant’s inadvertent placing of a closed
pocket knife on a bank counter, while he was pulling a plastic bag out of his
pocket, did not constitute “use” of a dangerous weapon. The error was
plain and affected substantial rights.
Congrats to Tonya Peterson, CJA in Az
(Phoenix), for the win.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/06/11/17-10107.pdf
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