United States v. Robert Andrew Simon, AKA Robert Andrew Meler

56 F.3d 75 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Andrew SIMON, aka Robert Andrew Meler, Defendant-Appellant. No. 94-10372. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1995. * Decided May 18, 1995. Before: GIBSON, ** GOODWIN, and HUG, Circuit Judges. 1 Memorandum *** 2 Robert Simon appeals his conviction and sentence for bank robbery, in violation of 18 U.S.C. Sec. 2113 (a) (1988). Simon contends that the district court erred by: (1) incorrectly instructing the jury on the definition of "intimidation"; (2) refusing to instruct the jury on bank larceny, which he argues is a lesser included offense of bank robbery; and (3) denying him a two-level sentencing reduction for acceptance of responsibility. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 (1988) and 18 U.S.C. Sec. 3742 (1988), and we affirm. I. BACKGROUND 3 On February 7, 1994, Simon entered a Bank One in Phoenix, Arizona,…