Hornbeck

MEMORANDUM **

Terry Ray Hornbeck (“Hornbeck”) appeals his conviction for armed bank robbery in violation of 18 U.S.C. § 2113 (a)(d). Hornbeck raises four issues on appeal; we have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Hornbeck first argues that there was insufficient evidence to establish that he was the perpetrator of the bank robbery. Because Hornbeck failed to move for acquittal at the close of all of the evidence at trial, we review the sufficiency of the evidence for plain error. United States v. Carpenter, 95 F.3d 773, 775 (9th Cir.1996); see also United States v. Mora, 876 F.2d 76, 77 (9th Cir.1989). Here, however, “[i]t makes little difference whether we review [Hornbeck’s] claim of insufficiency of the evidence for plain error ... or under the usual standard for properly preserved issues ... [Hornbeck’s] attack fails under either standard.” Carpenter, 95 F.3d at 775 (internal citations omitted).

Hornbeck contends that because witnesses provided differing testimony regarding his height and weight and because the two tellers could not identify him as the bank robber, there was insufficient evidence to establish that he was the one who robbed the…