Robinson

United States v. Robinson

Good Law
16 F. App'x 632
United States Court of Appeals for the Ninth CircuitJune 21, 2001No. 00-10538; D.C. No. CR-97-05129-OWWCalifornia307 words

Opinion

Lead Opinion

MEMORANDUM **

Lawrence Robinson appeals his sentence of life plus 60 months, imposed following his conviction for death caused by use of a firearm during a crime of violence and aiding and abetting, in violation of 18 U.S.C. § 924 (j)(l) and (2), interference with commerce by robbery and aiding and abetting, in violation of 18 U.S.C. § 1951 (a) and (2), and carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Robinson contends the district court erred by refusing to grant him a minor role reduction pursuant to U.S.S.G. § 3B1.2(b). We review for clear error a district court’s determination that a defendant was not a minor participant. See United States v. Benitez, 34 F.3d 1489, 1497 (9th Cir.1994).

The district court here found and the testimonial evidence adduced at trial shows that Robinson entered the store displaying a weapon, ordered everyone to get on the floor, demanded money from the store’s owner, and discharged his weapon in a struggle with the store’s owner. The district court’s determination that Robinson was not a minor participant therefore was not clearly…

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