Tuesday, June 11, 2019

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:



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