United States v. Burton

MEMORANDUM ^*

1. We reverse Burton’s conviction under 18 U.S.C. § 2113(d), because there was no evidence that Burton did more than possess a dangerous weapon. United States v. Odom, 329 F.3d 1032, 1035 (9th Cir.2003).

2. We affirm Burton’s conviction under 18 U.S.C. § 924(c)(1), because a rational juror could have found Burton carried a gun within the meaning of this statute. United States v. Bernard, 48 F.3d 427, 429 (9th Cir.1995).

AFFIRMED IN PART AND REVERSED IN PART.

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.