U.S. v. WASHINGTON

No. 96-10106.

106 F.3d 1488 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony WASHINGTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 18, 1997.


Attorney(s) appearing for the Case

Matthew C. Bockmon and David M. Porter, Assistant Federal Defenders, Sacramento, California, for defendant-appellant.

Elena J. Duarte, Assistant United States Attorney, Sacramento, California, for plaintiff-appellee.

Before: LAY, GOODWIN, and SCHROEDER, Circuit Judges.


PER CURIAM:

Anthony Washington appeals his conviction of use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c)(1). He argues the district court's jury instruction defining "use" was reversible error under Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). We affirm.

Washington and a juvenile cousin robbed a bank together. The juvenile cousin openly displayed a shotgun which he swung around the...

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