United States v. Tracey Scott Walls

Good Law
19 F.3d 32·1994 WL 83984·1994 U.S. App. LEXIS 12111
United States Court of Appeals for the Ninth CircuitMarch 11, 199493-30278California471 words

Opinion

Opinion

19 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tracey Scott WALLS, Defendant-Appellant. No. 93-30278. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 11, 1994. MEMORANDUM ** Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 Tracy Scott Walls appeals his 63-month sentence imposed following his guilty plea to unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Walls contends the district court erred by imposing a three-level upward adjustment to his base offense level pursuant to U.S.S.G. Sec. 2B3.1(b)(2)(E) for displaying a dangerous weapon during the robbery. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 2 We review for clear error the sentencing court's finding that Walls displayed a dangerous weapon, see United States v. Taylor, 960 F.2d 115, 116 (9th Cir.1992), and accord special deference to a trial court's credibility findings, United…

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