U.S. v. MARTINEZ-JIMENEZ

No. 87-5305.

864 F.2d 664 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert MARTINEZ-JIMENEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 3, 1989.


Attorney(s) appearing for the Case

Michael L. Stern, Los Angeles, Cal., for defendant-appellant.

Jeffrey C. Eglash, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before NELSON, BEEZER and HALL, Circuit Judges.


NELSON, Circuit Judge:

Gilbert Martinez-Jimenez appeals his conviction following a bench trial on one count of armed bank robbery in violation of 18 U.S.C. § 2113(a) & (d). He contends that the trial court erred in concluding that the toy gun that he held during the bank robbery was a "dangerous weapon" as defined by 18 U.S.C. § 2113(d). We affirm the judgment of the district court.

PROCEDURAL BACKGROUND

On July 14, 1987 a federal grand...

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