United States v. Thomas John Espinoza

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas John ESPINOZA, Defendant-Appellant. No. 93-50045. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 14, 1994. Before: D.W. NELSON, BEEZER, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Defendant-Appellant Thomas John Espinoza appeals his jury conviction of armed robbery in violation 18 U.S.C. Sec. 2113 (a)(d) for which the district court sentenced him to 135 months in prison and 5 years of supervised release. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and we affirm. FACTUAL BACKGROUND 3 On April 20, 1991, a robbery took place at the Arlington branch of the Bank of America. Teller Santiago Perez testified that a man, whom he identified as Thomas John Espinoza, approached Perez's teller station, pointed a gun at him, and told him to hand over all the money. Perez testified that while Espinoza was in the…