United States v. Vince Garrido

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-10398 Plaintiff-Appellee, v.  D.C. No. 1:07-CR-00074-

VINCE P. GARRIDO,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Guam Frances M. Tydingco-Gatewood Chief District Court Judge, Presiding

Submitted February 10, 2010* Honolulu, Hawaii

Filed February 25, 2010

Before: Jerome Farris, Dorothy W. Nelson and Carlos T. Bea, Circuit Judges.

Opinion by Judge D.W. Nelson

*The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

3059 3062 UNITED STATES v. GARRIDO

COUNSEL

Myra D. Mossman, Santa Barbara, California, for the defendant-appellant.

Rosetta L. San Nicolas, Hagatna, Guam, Assistant United States Attorney, for the plaintiff-appellee.

OPINION

D.W. NELSON, Senior Circuit Judge:

Vince P. Garrido appeals his conviction for Hobbs Act Robbery in violation of 18 U.S.C. § 1951(a) and using and carrying a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). Garrido contends…