Vineyard

United States v. Vineyard

Good Law
320 F. App'x 640
United States Court of Appeals for the Ninth CircuitMarch 26, 2009Nos. 07-30451, 08-30035, 08-30239California947 words

Opinion

Lead Opinion

MEMORANDUM *

Karen Vineyard, Joshua Devore, and Jamie Whittenburg were charged in connection with a 2007 bank robbery. Vineyard pled guilty to conspiracy to commit armed bank robbery, in violation of 18 U.S.C. § 371 . Devore pled guilty to armed bank robbery, in violation of 18 U.S.C. §§ 2 and 2113(d); brandishing and carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924 (c)(1)(A); and the conspiracy charge. Whittenburg went to trial on all three charges, and the jury acquitted Whitten-burg of armed bank robbery and brandishing a firearm but convicted her of the conspiracy charge. Whittenburg appeals the district court’s denial of her motion for a new trial. Vineyard and Devore appeal their sentences, alleging that the district court improperly denied the government’s *642 motion for a downward departure for substantial assistance under section 5K1.1 of the United States Sentencing Guidelines (the “Guidelines”). We affirm the district court on each appeal.

Whittenburg argues that the district court abused its discretion in denying her motion for a new trial because it erroneously concluded that Whittenburg’s conspiracy conviction was…

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