United States v. Jerry William Menefee

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry William MENEFEE, Defendant-Appellant. No. 93-50277. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1994. * Decided June 27, 1994. Before: PREGERSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Petitioner Jerry William Menefee appeals his conviction and sentence for unarmed bank robbery in violation of 18 U.S.C. Sec. 2113 (a). Following a jury trial, the District Court sentenced Menefee to 240 months imprisonment to be followed by 3 years supervised release. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm the conviction and remand for resentencing. BACKGROUND 3 On August 21, 1989 a robber entered a Security Pacific National Bank in Sun Valley, California. While waiting in the customer service line, the robber spoke with bank customer Robert Haidle. Once at the teller window, the robber handed…