Strobehn

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50167 Plaintiff-Appellee, v.  D.C. No.

CR-03-00712-SJO

PATRICK THOMAS STROBEHN, JR.,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding

Argued and Submitted June 9, 2005—Pasadena, California

Filed August 31, 2005

Before: Betty B. Fletcher, Pamela Ann Rymer, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Rymer; Dissent by Judge B. Fletcher

11955 UNITED STATES v. STROBEHN 11957

COUNSEL

Marilyn E. Bednarski, Kaye McLane & Bednarski, Pasadena, California, for the defendant-appellant.

Antoine Raphael, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee. 11958 UNITED STATES v. STROBEHN

OPINION

RYMER, Circuit Judge:

After Patrick Strobehn, Jr. arrived at the San Dimas branch of Washington Mutual Bank with a shotgun, he approached Victory Le, a security guard, from the rear. The guard was patrolling in front of the bank near the parking lot. Strobehn ordered Le…