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UNITED STATES v. GAINZA

No. 19-10430, No. 20-10009.

982 F.3d 762 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Jose Ruiz GAINZA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ricardo Gabriele-Plage, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2020.

Attorney(s) appearing for the Case

Kresta Nora Daly (argued), Barth Daly LLP, Davis, California, for Defendant-Appellant Ricardo Gabriele-Plage.

David M. Porter (argued), Assistant Federal Defender; Heather E. Williams , Federal Defender; Office of the Federal Public Defender, Sacramento, California; for Defendant-Appellant Luis Jose Ruiz Gainza.

Brian A. Fogerty (argued), Assistant United States Attorney; Camil A. Skipper , Appellate Chief; McGregor W. Scott , United States Attorney; United States Attorney's Office, Sacramento, California; for Plaintiff-Appellee.

Before: M. Margaret McKeown and Jacqueline H. Nguyen, Circuit Judges, and Eric N. Vitaliano, District Judge.

OPINION

The lesson in this case is that trying is not the same as succeeding. Over the course of a few days in April and August of 2017, hundreds of people used three Golden 1 Credit Union ATMs near Sacramento, California. Unbeknownst to them, a hidden camera had been installed to film their fingers as they entered...

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