King

United States v. King

Good Law
210 F. App'x 720
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 05-50520California486 words

Opinion

Lead Opinion

MEMORANDUM **

Michael King appeals his conviction and sentence for aiding and abetting unarmed bank robbery in violation of 18 U.S.C. §§ 2 (a) and 2113(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a) and affirm.

Because King raised all of his claims for the first time on appeal, we review for plain error. United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.), cert. denied, — U.S.-, 126 S.Ct. 2913 , 165 L.Ed.2d 931 (2006); United States v. Delgado, 357 F.3d 1061, 1068 (9th Cir.2004).

King argues that there is insufficient evidence to establish that he aided and abetted unarmed bank robbery. However, King drove the getaway vehicle and led police on a high-speed chase during a well-planned, organized robbery. Viewing the evidence in the light most favorable to the government, a rational juror could have found beyond a reasonable doubt that King aided and abetted the bank robbery by knowingly, intentionally, and willfully driving the getaway car leaving the scene of the robbery. See United States v. Dinkane, 17 F.3d 1192, 1198-1200 (9th Cir.1994).

We have already rejected King’s claim that, after United States v. Booker, 543 U.S. 220 , 125…

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