United States v. Gilbert Martinez-Jimenez

Gilbert Martinez-Jimenez appeals his conviction following a bench trial on one count of armed bank robbery in violation of 18 U.S.C. § 2113 (a) & (d). He contends that the trial court erred in concluding that the toy gun that he held during the bank robbery was a “dangerous weapon” as defined by 18 U.S.C. § 2113 (d). We affirm the judgment of the district court.

PROCEDURAL BACKGROUND

On July 14, 1987 a federal grand jury in the Central District of California returned a three-count indictment that charged the appellant and an accomplice, Joe Anthony De La Torre, with armed bank robbery in violation of 18 U.S.C. § 2113 (a) & (d) and with carrying a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c). At a bench trial the appellant and his accomplice were found guilty of armed bank robbery as charged in count one and not guilty of carrying a firearm during a crime of violence, as charged in counts two and three.

FACTS

On June 19, 1987, at approximately 12:55 p.m., Martinez-Jimenez and De La Torre entered a bank in Bellflower, California. While De La Torre took cash from a customer and two bank drawers, Martinez-Jimenez remained in the lobby and ordered that the…