U.S. v. ODOM

No. 98-50330.

329 F.3d 1032 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Deshon Rene ODOM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2003.

Attorney(s) appearing for the Case

Maria E. Stratton, Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

James W. Spertus, Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.

Before: PREGERSON, TASHIMA and CLIFTON, Circuit Judges.


CLIFTON, Circuit Judge:

Deshon Rene Odom appeals his conviction for armed bank robbery under 18 U.S.C. § 2113(d). This case presents the fact pattern of a bank robber carrying a gun, which was for the most part concealed, but which was briefly and inadvertently displayed during the robbery. Odom argues that he did not "use" the gun within the meaning of § 2113(d) because he never alluded to it or intentionally displayed it, and therefore...

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