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U.S. v. GAITHER

No. 99-50612

245 F.3d 1064 (2001)

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

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2001

Attorney(s) appearing for the Case

Joel Levine, A Professional Corporation, Encino, California, for the appellant.

Arif Alikhan, Assistant U.S. Attorney, Los Angeles, California, for the appellee.

Before: PAMELA ANN RYMER, ANDREW J. KLEINFELD, Circuit Judges, and FRANK C. DAMRELL, JR., District Judge.

Argued and Submitted July 13, 2000 — Pasadena, California

KLEINFELD, Circuit Judge:

The main issue in this case is whether the defendant's guilty plea was tainted by a coercive colloquy.

I. Facts

Gaither and another man robbed a bank. The other man brandished a pistol. Gaither was charged with armed bank robbery.2 Bank robbery with a gun is punished much more severely than unarmed bank robbery.

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