Banks

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10053 Plaintiff-Appellee, v.  D.C. No.

CR-04-00052-KJD

LELAND DEVINE BANKS,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding

Argued and Submitted October 18, 2006—San Francisco, California

Filed October 25, 2007

Before: J. Clifford Wallace, Andrew J. Kleinfeld, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee

14183 14186 UNITED STATES v. BANKS

COUNSEL

Richard F. Cornell, Law Office of Richard F. Cornell, Reno, Nevada, for appellant Leland Devine Banks. UNITED STATES v. BANKS 14187 Russell E. Marsh, Assistant United States Attorney, United States Attorney’s Office, Las Vegas, Nevada, for the appellee.

OPINION

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…