No. 97-2316.

158 F.3d 1140 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. James VALDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 30, 1998.

Attorney(s) appearing for the Case

Louis E. Valencia, Assistant United States Attorney (John J. Kelly, United States Attorney, with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Reginald J. Storment, Albuquerque, New Mexico, for Defendant-Appellant.

Before BALDOCK, BRISCOE, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

On March 28, 1996, Defendant James Valdez entered a branch bank of First Security Bank in Albuquerque, New Mexico, and handed a teller a hand-written note. The note stated: "I have a gun. This is a robbery." Defendant fled on foot with $1,098 in cash. Seconds later, Albuquerque police officers apprehended Defendant, who was unarmed, in a parking lot across the street from the bank. A grand jury subsequently indicted Defendant on one count of...

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