Gaines

MEMORANDUM ***

Anthony Seids Gaines, Yvette Crystal Wade and Antonio Dean Blackstone appeal their jury trial convictions and sentences for 1) conspiracy to interfere with commerce by robbery, 2) interference with commerce by robbery in violation of 18 U.S.C. § 1951 , and 3) use or carrying of a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c). All three appellants participated in one or more armed robberies of K-Mart stores in Southern California. 1 Gaines, Wade and Blackstone were sentenced to 990 months, 877 months, and 290 months respectively. On appeal, they raise several evidentiary objections, attack the sufficiency of the evidence supporting their convictions, and Gaines disputes the use of a Pinkerton jury instruction and upward adjustments to his sentence. We affirm.

I. Cross-examination of Government Witnesses

We review a trial court’s restriction on cross-examination of witnesses for abuse of discretion. United States v. Bensimon, 172 F.3d 1121, 1128 (9th Cir.1999).

Gaines contends that the district court should have allowed him to cross-examine Government witnesses Gilbert, Harris, and Gregge regarding their alleged gang affiliation. Under…