United States v. Timothy Joseph Mealey

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Timothy Joseph MEALEY, Defendant-Appellant. No. 92-10744. United States Court of Appeals, Ninth Circuit. Submitted May 13, 1994. * Decided May 17, 1994. 1 Before: WALLACE, Chief Judge, and WIGGINS, Circuit Judges, TURRENTINE, ** District Judge 2 MEMORANDUM *** 3 Joseph Timothy Mealey appeals his conviction of bank robbery, in violation of 18 U.S.C. Sec. 2113 (a). 1 Mealey argues that there was insufficient evidence to support the jury's conclusion that Mealey used intimidation. In addition, he argues that the district court abused its discretion by allowing the Government to reopen its case after it rested. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. FACTS AND PRIOR PROCEEDINGS 4 At 5:10 P.M. on February 10, 1992, Mealey entered a bank and approached a teller window. Mealey instructed the teller, "Give me all the bills. Don't try anything."…