Legal Opinion

United States v. Gilbert Martinez-Jimenez

Court of Appeals for the Ninth Circuit

Decided January 3, 1989No. 87-5305PublishedCited by 60 opinions

1Opinion of the Court

NELSON, Circuit Judge:

Gilbert Martinez-Jimenez appeals his conviction following a bench trial on one count of armed bank robbery in violation of 18 U.S.C. § 2113(a) & (d). He contends that the trial court erred in concluding that the toy gun that he held during the bank robbery was a “dangerous weapon” as defined by 18 U.S.C. § 2113(d). We affirm the judgment of the district court.

PROCEDURAL BACKGROUND

On July 14, 1987 a federal grand jury in the Central District of California returned a three-count indictment that charged the appellant and an accomplice, Joe Anthony De La Torre, with armed…

2Cases cited10 opinions

  1. McLaughlin v. United StatesSupreme Court of the United States · 1986
  2. United States v. Perry York, United States of America v. Peter Andrew RobinsonCourt of Appeals for the Eighth Circuit · 1987
  3. United States v. Michael Warren Mason, United States of America v. William Casey Welsh, United States of America v. Mitchell ShieldsCourt of Appeals for the Ninth Circuit · 1981
  4. United States v. Ernest Gene MooreCourt of Appeals for the Ninth Circuit · 1978
  5. United States v. Bernard Lee HarrisCourt of Appeals for the Ninth Circuit · 1986

5 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. United States v. Don Phillip DeangeloCourt of Appeals for the Eighth Circuit · 1994
  2. United States v. Leonis Smith, United States of America v. Karen Lynn WilliamsCourt of Appeals for the Ninth Circuit · 1990
  3. United States v. Edward Gordon Westerdahl, IIICourt of Appeals for the Ninth Circuit · 1991
  4. United States v. John Rudy Mendez, United States of America v. John ChavezCourt of Appeals for the Ninth Circuit · 1993
  5. United States v. Kory C. SmithCourt of Appeals for the Seventh Circuit · 1996

55 more not listed; retrieve them via the Exa API.

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