Thomas

MEMORANDUM **

Calvin Thomas was convicted of assaulting a federal officer, armed robbery of a United Parcel Service Office, and armed robbery of a bank. See 18 U.S.C. §§ 111 (a)(1), 1951, 2113(a) & (d). The jury also found him guilty of knowingly using and carrying, or aiding and abetting the use and carrying of, a firearm during and in relation to each of those crimes. See 18 U.S.C. § 924 (c) (1997). Thomas appeals his sentence. 1 We affirm.

(1) Thomas asserts that his sentence is improper because imposition of the gun penalties violated the strictures of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We disagree. The gun offense charges upon which his sentence is based were all decided by the jury. Moreover, the penalties imposed were precisely the ones demanded by the gun statute itself. See 18 U.S.C. § 924 (c). Thus, the statutory maximum was not increased by reason of some fact which was not presented to the jury. See Apprendi 530 U.S. at 490 , 120 S.Ct. at 2362-63 . The district court did not plainly err. See United States v. Nordby, 225 F.3d 1053, 1059-60 (9th Cir.2000). Indeed, it did not err at all.

(2) Thomas argues that counsel was…