United States v. Vincent Anthony Patton

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Vincent Anthony PATTON, Defendant-Appellant. No. 93-50696. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 4, 1994. Decided Aug. 16, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 * A rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979). Even if Patton did not agree to use guns before the robbery, he became aware that guns were being used when he saw his codefendants brandishing them during the robbery. A defendant's actual knowledge that guns were used by a codefendant is sufficient to support a conviction under Sec. 924(c) on an aiding and abetting theory, regardless of whether it was foreseeable beforehand that guns would be used. United States v. Johnson, 886 F.2d 1120, 1124 (9th Cir.1989). 3 Patton's conviction…