MEMORANDUM OPINION
TASHIMA, District Judge.
Defendant Eduardo Palayo Sanchez is charged in a single count indictment with bank robbery and use of a dangerous weapon and kidnapping in committing the robbery, in violation of 18 U.S.C. § 2113(a), (d) and (e). He pleaded guilty to the (a) and (d) charges, but pleaded not guilty to the subsection (e) charge of kidnapping. Trial by jury has been waived and the matter has been tried to the court.
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