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U.S. v. BANKS

No. 05-10053.

506 F.3d 756 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Leland Devine BANKS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2007.

Attorney(s) appearing for the Case

Richard F. Cornell, Law Office of Richard F. Cornell, Reno, NV, for appellant Leland Devine Banks.

Russell E. Marsh, Assistant United States Attorney, United States Attorney's Office, Las Vegas, NV, for the appellee.

Before: J. CLIFFORD WALLACE, ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Leland Devine Banks was convicted of violence in aid of a racketeering enterprise ("VICAR"), use of a firearm in a crime of violence, and possession of a firearm by a convicted felon. He was sentenced to a total of 450 months in prison. Banks appeals his conviction and sentence, raising five alleged errors by the district court. First, he argues that the district court gave erroneous instructions for the VICAR counts. Second, he argues that the...

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