United States v. Chester Banks, United States of America v. Earl Haggens

61 F.3d 912 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Chester BANKS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Earl HAGGENS, Defendant-Appellant. Nos. 93-50665, 93-50761. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1994. Decided July 17, 1995. 1 Before: CANBY, LEAVY, and T.G. NELSON, Circuit Judges 2 MEMORANDUM ** I. 3 Codefendants Chester Willie Banks, Jr., and Earl Haggens appeal the sentences they received after pleading guilty to one count of bank robbery in violation of 18 U.S.C. Sec. 2113 (a). We review de novo the district court's application of the United States Sentencing Guidelines. United States v. O'Brien, 50 F.3d 751, 754 (9th Cir. 1995). We affirm both sentences. II. 4 We find no merit in Banks' contention that he did not "possess" the pistol in his van during the bank robbery for purposes of section 2B3.1(b)(2)(C) of the Guidelines. The plain…