Cook

MEMORANDUM **

Michael Charles Cook appeals his jury conviction and sentence for one count of unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a), and one count of armed robbery, in violation of 18 U.S.C. § 2113 (a) & (d). We affirm, except for Cook’s restitution claim, which is reversed and remanded for resentencing on that issue alone.

I

The district court did not abuse its discretion in refusing to accept a plea for which the defendant did not admit all the elements. A judge may not accept a plea for which there is not strong factual support. Fed.R.Crim.P. 11; United States v. King, 257 F.3d 1013, 1022 (9th Cir.2001). Defendant Cook disavowed the crucial element of the armed robbery count, that he possessed some type of firearm. Therefore, the district court did not abuse its discretion in determining that the record as it stood at the time of Cook’s change of plea colloquy did not contain sufficiently strong or unequivocal evidence of guilt. United States v. O’Brien, 601 F.2d 1067, 1069 (9th Cir.1979).

II

The district court did not abuse its discretion in keeping the defendant handcuffed during his sentencing. Spain v. Rushen, 883 F.2d 712, 716-17 (9th Cir. 1989).…