United States of Americia v. Jerry William Menefee

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of Americia, Plaintiff-Appellee, v. Jerry William MENEFEE, Defendant-Appellant. No. 90-50495. United States Court of Appeals, Ninth Circuit. Submitted March 2, 1992. * Decided July 28, 1992. Before HUG, PREGERSON and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Jerry William Menefee appeals his conviction under 18 U.S.C. § 2113 (a) for unarmed bank robbery. 1 He raises several claims of error regarding admissibility of evidence. Because we find that the errors made by the district court were not harmless, we reverse the conviction. BACKGROUND 3 Jerry Menefee was indicted, tried, and convicted for unarmed robbery of the Security Pacific National Bank in Sun Valley, California. He did not testify at trial. The defense relied heavily on the testimony of his brother, Frederick Menefee, a convicted bank robber, who testified that it was he, not Jerry, who committed the robbery. 4 At trial, the district…