UNITED STATES of America, Plaintiff-Appellee, v. William Allen GINN, Defendant-Appellant

Good Law
87 F.3d 367·96 Daily Journal DAR 7530·1996 WL 346625·44 Fed. R. Serv. 1347·1996 U.S. App. LEXIS 15306
United States Court of Appeals for the Ninth CircuitJune 26, 199695-50326California2,412 words

Opinion

Opinion

Thompson, J.

William Allen Ginn appeals his bench trial conviction and sentence for the robbery of the Union Bank. He also appeals his sentence for the robbery of the Home Savings Bank. Ginn pleaded guilty to robbing the Home Savings Bank.

With regard to the Union Bank robbery, Ginn argues the evidence is insufficient to support his conviction and the district court erred by excluding expert testimony on eyewitness identification and by excluding evidence of his asserted alibi.

With regard to his sentence, Ginn argues the district court erred when it sentenced him for both bank robberies without giving him any adjustment for acceptance of responsibility. He contends he is entitled to an adjustment for acceptance of responsibility because he pleaded guilty to the Home Savings Bank robbery.

We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

FACTS

On October 3, 1994, Ronald J. Skillman, the manager of a branch of Union Bank, spoke with a man in the lobby of the bank. At trial, Skillman identified that man as Ginn and testified that Ginn had inquired about transferring an account to Union Bank from Bank of America.

About thirty minutes later, Skillman again saw…

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