United States v. Timothy Wayne Arnett, United States of America v. Timothy Wayne Arnett

Good Law
2003 Daily Journal DAR 4383·327 F.3d 845·2003 WL 1923493·2003 Cal. Daily Op. Serv. 3417·2003 U.S. App. LEXIS 7725
United States Court of Appeals for the Ninth CircuitApril 24, 200300-10170, 00-30189California2,414 words

Opinion

Opinion

Tallman, J.

Timothy Wayne Arnett appeals pro se his convictions for armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d) and for use of a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c). Arnett’s convictions stem from seven armed bank robberies in California and one in Oregon. Arnett raises a number of issues on appeal. In this published opinion we address whether the California district court erred in holding that Arnett was collaterally estopped from relitigating an issue he litigated and lost in his Oregon trial — that the short-barreled shotgun he used in both the California and Oregon robberies was an “antique” under 18 U.S.C. § 921 (a)(3) and (a)(16)(A). We affirm because the California district court correctly applied the doctrine of collateral estoppel. We address Arnett’s other arguments in a companion unpublished disposition.

I

Arnett was arrested after robbing a bank in Medford, Oregon. He then confessed to several additional robberies in California. Arnett was eventually indicted in both the District of Oregon on the Med-ford robbery and'in the Eastern District of California for seven counts of armed bank robbery and seven counts of using a…

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