United States v. Darell Wayne Lee

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darell Wayne LEE, Defendant-Appellant. No. 92-50351. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1993. Decided July 30, 1993. Before FLETCHER, POOLE and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 A jury convicted Darell Wayne Lee of bank robbery, in violation of 18 U.S.C. Sec. 2113 (a). Lee appeals his conviction, alleging the district court erred by denying his motion for a mistrial and by refusing to give one of his proposed jury instructions. 3 The district court had jurisdiction under 18 U.S.C. Sec. 3231 . We have jurisdiction over this timely appeal under 28 U.S.C. Sec. 1291 . We affirm. OVERVIEW 4 During her closing argument in Lee's bank robbery trial, the prosecutor argued that even without the three, independently sufficient, eyewitness identifications of Lee as the robber, the evidence of Lee's fingerprints on the demand…