No. 98-50504.

208 F.3d 794 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. David Daniel Thomas WILKERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2000

Attorney(s) appearing for the Case

Michael Tanaka, Deputy Federal Public Defender, Los Angeles, California, for defendant-appellant David Daniel Thomas Wilkerson.

George S. Cardona, Assistant United States Attorney, and Carole C. Peterson, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee the United States of America.

Before: FLETCHER, D. W. NELSON, and BRUNETTI, Circuit Judges.

Opinion by Judge D.W. NELSON; Dissent by FLETCHER.

D.W. NELSON, Circuit Judge:

David Daniel Thomas Wilkerson appeals his conviction by conditional guilty plea to one count of armed bank robbery under 18 U.S.C. § 2113(a)(d) and one count for use or carrying of a firearm during the commission of a crime of violence under 18 U.S.C. § 924(c).

I. Factual and Procedural Background

The charges stem from an incident where appellant...


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