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U.S. v. PIKE

No. 05-30528.

473 F.3d 1053 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher Michael PIKE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2007.

Attorney(s) appearing for the Case

Karin J. Immergut, United States Attorney, District of Oregon, Portland, OR; and Gary Y. Sussman, Assistant United States Attorney, Portland, OR, for the plaintiff-appellant.

Nancy Bergeson, Assistant Federal Public Defender, Portland, OR, for the defendant-appellee.

Before: REINHARDT, TASHIMA, and GRABER, Circuit Judges.

REINHARDT, Circuit Judge:

The government appeals the fifty-month sentence imposed by the district court following Christopher Pike's plea of guilty to bank robbery under 18 U.S.C. § 2113(a). It argues that the district judge applied an incorrect standard of proof in considering whether to impose a five-level enhancement for possession of a firearm and that, under the correct standard, the enhancement was warranted. It further contends

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