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U.S. v. JERNIGAN

No. 05-10086.

492 F.3d 1050 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Rachel Alaffa JERNIGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2007.

Attorney(s) appearing for the Case

Thomas M. Hoidal, Hoidal & Hannah, PLC, Phoenix, AZ, for the defendant-appellant.

Michael T. Morrissey, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.

Before: MARY M. SCHROEDER, Chief Circuit Judge, B. FLETCHER, HARRY PREGERSON, ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, BARRY G. SILVERMAN, M. MARGARET MCKEOWN, RAYMOND C. FISHER, RONALD M. GOULD, MARSHA S. BERZON, JAY S. BYBEE, CONSUELO M. CALLAHAN, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

Opinion by Judge BETTY B. FLETCHER; Dissent by Judge BEA.

BETTY B. FLETCHER, Circuit Judge:

Defendant Rachel Jernigan was arrested on November 10, 2000, for allegedly robbing three banks. After Jernigan was placed in custody and awaiting trial, two more area banks were robbed by a woman whose description bore an uncanny physical resemblance to hers: both women were roughly five feet tall, Hispanic,1 and had acne or pock-marked...

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