United States v. James Alan Garrett

988 F.2d 123 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 America, Plaintiff-Appellee, v. James Alan GARRETT, Defendant-Appellant. No. 92-50119. United States Court of Appeals, Ninth Circuit. Submitted Feb. 4, 1993. * Decided Feb. 11, 1993. Appeal from the United States District Court for the Southern District of California, CR-91-163-01-HBT; Howard B. Turrentine, District Judge, Presiding. S.D.Cal. AFFIRMED. Before WALLACE, Chief Judge, and SNEED and CYNTHIA HOLCOMB HALL, Circuit Judges. MEMORANDUM 1 Garrett appeals from his conviction, following a jury trial, for armed bank robbery, in violation of 18 U.S.C. § 2113 (a), (d). The district court exercised jurisdiction under 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm. 2 Garrett first challenges the district court's denial of his motion to dismiss for insufficient evidence, claiming that the eyewitness testimony was…