U.S. v. DINKANE

No. 93-50165.

17 F.3d 1192 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Darweshi DINKANE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1994.


Attorney(s) appearing for the Case

Patricia L. Reber, Los Angeles, California, for the defendant-appellant.

Robert T. Scott, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: HUG, SCHROEDER, and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

Darweshi Dinkane appeals his jury conviction of armed bank robbery in violation of 18 U.S.C. § 2113(a)(d) (1988). During his trial, the jury heard evidence that Dinkane helped plan the robbery and that he drove the getaway car. The government, however, presented no evidence from which a jury could conclude that Dinkane knew the robbery was armed prior to the robbers' exit from the bank. The jury was instructed that the government was...

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