United States v. Dale Ray Millar

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dale Ray MILLAR, Defendant-Appellant. No. 96-10037. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 11, 1996. Decided Dec. 10, 1996. Before: WOOD, JR., * SCHROEDER and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Dale Ray Millar was charged with one count of armed bank robbery and one count of the use of a firearm during a crime of violence. At trial, the court instructed the jury on the elements of each crime, using instructions provided by the prosecution and approved by the defense. During deliberations, the jury sent a note to the judge, asking if they could convict Millar on a theory of aiding and abetting an armed bank robbery. The district court explained that there were two theories on which they could convict Millar: armed bank robbery or aiding and abetting armed bank robbery. The court told the jury to consider each theory.…