United States v. Oscar Bryant III

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Oscar BRYANT III, Defendant-Appellant. No. 92-50622. United States Court of Appeals, Ninth Circuit. Submitted May 4, 1994. * Decided June 14, 1994. 1 Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, ** Senior District Judge. 2 MEMORANDUM *** 3 Following a jury trial, Oscar Bryant III was convicted of conspiracy, 18 U.S.C. Sec. 371 ; armed bank robbery, 18 U.S.C. Sec. 2113 (a) & (d); and using a firearm during a crime of violence, 18 U.S.C. Sec. 924 (c)(1). He was sentenced to 117 months. In his opening brief, Bryant raises three issues: 1) should the district court have reduced his criminal history category; 2) did the district court err in admitting evidence of fear and trauma of the victims; and 3) did the district court err in dismissing an African-American juror for tardiness. I. 4 On April 27, 1992, three black men (one of whom wielded a gun)…