United States v. Michael Roybal Oaxaca, United States of America v. Steven Edward Delman

Good Law
44 A.L.R. Fed. 903·569 F.2d 518·1978 U.S. App. LEXIS 12660
United States Court of Appeals for the Ninth CircuitFebruary 13, 197877-1995 and 77-2272California4,671 words

Opinion

Opinion

Duniway, J.

Oaxaca and Delman appeal from judgments convicting them of armed bank robbery, a violation of 18 U.S.C. § 2113 (a) and (d). Oaxaca was charged in a one-count indictment alleging a single armed bank robbery. He was convicted after a jury trial. Delman was charged with committing the same bank robbery and four other armed bank robberies as well. He was convicted after a trial to the court on stipulated facts. We affirm both convictions.

FACTS

On December 21, 1976, at about 2:50 p. m., two men wearing ski masks and carrying guns held up the Crocker National Bank in the City of Commerce, California. The robbers took $2,208 in currency from two tellers at gunpoint and placed the money in a brown paper bag. The serial numbers of six of the stolen bills had previously been recorded.

One of the bank tellers saw the robbers drive off in a green Datsun automobile, noted the license number of the car, and immediately relayed it to the police, along with a general description of the robbers. News of the robbery was promptly broadcast over police radio channels. A license number check revealed that the registered owner of the green Datsun resided at 7408 Bennington Avenue, Pico Rivera,…

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