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U.S. v. CARTER

Nos. 05-50303, 05-50321.

560 F.3d 1107 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Lee CARTER, Jr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Andrew Lee Carter, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated and Deferred October 26, 2006.

Resubmitted June 25, 2008.

Filed March 30, 2009.

Attorney(s) appearing for the Case

Wayne R. Young, Santa Monica, CA, for the defendant-appellant.

Elizabeth R. Yang and Dorothy C. Kim, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judges TASHIMA and IKUTA; Dissent in Part by Judge TASHIMA.

TASHIMA, Circuit Judge, as to Parts I-III:

Andrew Carter was indicted for two bank robberies—the first on August 1, 2002, in Commerce, California, and the second on August 12, 2002, in Pasadena, California. Carter was charged in both indictments with conspiracy to commit a bank robbery, in violation of 18 U.S.C. §§ 371 and 2113; armed bank robbery, in violation of 18 U.S.C. § 2113; and use of a firearm during a crime of violence, in violation...

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