No. 99-10385

259 F.3d 1199 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Eugene Holloway, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 5, 2001

As Amended August 31, 2001

Attorney(s) appearing for the Case

Arthur K. Wachtel, Horngard and Wachtel, San Francisco, California, for the Defendant-Appellant.

Ismail J. Ramsey, Assistant United States Attorney, Oakland, California, for the Plaintiff-Appellee.

Before: Mary M. Schroeder, John T. Noonan, and William A. Fletcher, Circuit Judges.

Argued and Submitted December 15, 2000 — San Francisco, California.

NOONAN, Circuit Judge:

Kenneth Eugene Holloway appeals his convictions in connection with the robbery of a credit union. We affirm in part, reverse in part, and remand for resentencing.


We set out the facts from the perspective of the government: On March 25, 1997, Holloway and two companions robbed at gun point the First United Services Credit Union (the credit...

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