United States v. Trina Devay Harper, United States of America v. Aziz Sharrieff
Opinion
Opinion
Canby, J.
Trina Devay Harper and Aziz Sharrieff appeal their convictions for conspiracy in violation of 18 U.S.C. § 371 , attempted bank robbery in violation of 18 U.S.C. § 2113 (a), and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924 (c). Harper and Sharrieff both assert that the district judge denied them their right to exercise the full complement of peremptory challenges allotted them by statute and that there was insufficient evidence to support any of the verdicts. Harper additionally challenges the district court’s jury instructions and its application of the United States Sentencing Guidelines.
We reverse the attempt convictions, affirm the other convictions and remand for resen-tencing.
BACKGROUND
Police officers in Buena Park, California found appellants and one other codefendant, Carlos Munoz, sitting in a rented car in the parking lot of the Home Savings Bank shortly after 10:00 p.m. on the evening of September 21, 1992. The officers searched the defendants, the vehicle and the surrounding area. They found two loaded handguns — a .44 caliber Charter Arms Bulldog and a .357 magnum Smith and Wesson — under a bush located five or…