United States v. Earl Dale McGhee

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Earl Dale McGhee, Defendant-Appellant. No. 92-50101. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1992. Decided June 11, 1993. Before: BROWNING, SCHROEDER and FLETCHER, Circuit Judges. 1 MEMORANDUM * 2 Earl Dale McGhee appeals his jury conviction for armed bank robbery. He pled guilty to bank robbery in violation of 18 U.S.C. § 2113 (a), but went to trial on the question of whether he was armed, 18 U.S.C. § 2113 (d). We affirm. 3 Although McGhee raises several issues as to the vlaidity of his detention, arrest, the failure to suppress evidence related to the arrest, and the circumstances of a field show-up, none is meritorious. We address in more detail, his contention that the district court gave an Allen charge that coerced the jury to return a guilty verdict. "[A] district judge's Allen charge is upheld in all cases…