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U.S. v. LUNA

Nos. 93-10035, 93-10036 and 93-10059.

21 F.3d 874 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. David LUNA; Robert Todd Torres; Richard Aereleo Pina, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1994.

As Amended May 4, 1994.

Attorney(s) appearing for the Case

James R. Homola, Fresno, CA, for defendant-appellant David Luna.

Francine Zepeda, Fresno, CA, for defendant-appellant Robert Todd Torres.

Barry F. Nix, Fresno, CA, for defendant-appellant Richard Pina.

Jonathan B. Conklin, Asst. U.S. Atty., Fresno, CA, for plaintiff-appellee.

Before: FLETCHER, KOZINSKI and TROTT, Circuit Judges.

FLETCHER, Circuit Judge:

Defendants Richard Pina and Robert Todd Torres were convicted of robbing the Western Financial Savings Bank in Fresno, California; Pina, Torres, and David Luna were convicted of robbing the Bank of America, also in Fresno. Evidence of two subsequent Oregon bank robberies for which Luna and Pina were alleged to have been responsible was admitted, under Fed.R.Evid. 404(b), to prove the identity of the Fresno bank robbers.

Luna and Pina...

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