Woods

MEMORANDUM *

Woods appeals his conviction and sentence for carrying or use of a firearm during and in relation to the commission of a crime of violence — a bank robbery — in violation of 18 U.S.C. § 924 (c). Woods first argues that the evidence is insufficient to support the jury’s guilty verdict. Because Woods moved for acquittal below, we review de novo. United States v. Car ranza, 289 F.3d 634, 641 (9th Cir.2002).

To obtain a conviction under § 924(c), the government must prove that a firearm used during the bank robbery was real and not a toy or replica. United States v. Westerdahl, 945 F.2d 1083, 1088 (9th Cir. 1991). At trial, the government presented eyewitness testimony that at least one gun brandished during the robbery looked real, felt hard, was black or gray in color, looked heavy in the robber’s hand, and appeared as though it were made from metal. One government witness, an experienced FBI agent, also testified that he had never heard of a “takeover” style bank robbery, like the one in this case, accomplished using a fake or replica gun. Although the question is close and the advocacy on both sides was excellent, we hold that this evidence is sufficient to permit a…