Wilson

MEMORANDUM *

Cornell Eugene Wilson, Jr. and Donte Toyron McFarland appeal their convictions following a jury trial for bank robbery in violation of 18 U.S.C. § 2113 (a) and (d), conspiracy to commit bank robberies in violation of 18 U.S.C. § 371 , and using a firearm in connection with those offenses in violation of 18 U.S.C. § 924 (c), as well as the sentences imposed on these convictions and their conviction based on a guilty plea to attempted bank robbery in violation of 18 U.S.C. §§ 2113 (a)(d) and 924(c). We affirm.

I

Despite their plea of guilty to the attempted robbery of the Los Padres Bank in Atascadero (the Atascadero robbery), evidence of the Atascadero robbery was part and parcel of proving that Wilson, McFarland, and others conspired to rob the bank in Atascadero and the Los Padres Bank in Pismo Beach. As such, evidence of the Atascadero robbery was direct evidence of the charged conspiracy, not extrinsic evidence subject to Rule 404(b) analysis. See United States v. Ripinsky, 109 F.3d 1436, 1442 (9th Cir.), amended by 129 F.3d 518 (9th Cir.1997), overruled on other grounds by United States v. Sablan, 114 F.3d 913, 916 (9th Cir.1997) (en banc); United States v.…