United States v. Jesse Manuel Dumbrique

95 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesse Manuel DUMBRIQUE, Defendant-Appellant. No. 94-50300. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Aug. 19, 1996. As Amended Aug. 29, 1996. 1 Before: HALL and NOONAN, Circuit Judges, and SHUBB, ** District Judge. 2 MEMORANDUM *** 3 Jesse Manuel Dumbrique appeals his conviction on the charge of using a firearm during and in relation to the robbery of a bank in violation of 18 U.S.C. § 924 (c). He argues that in light of the recent Supreme Court decision Bailey v. United States, --- U.S. ----, 116 S.Ct. 501 (1995), decided after his trial and oral argument in this case, the evidence was not sufficient to support his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. I. 4 On December 17, 1993, Dumbrique and Andres Hernandez robbed a branch office of the Bank of America in Newport Beach,…