Unpublished Disposition, 841 F.2d 1130 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 841 F.2d 1130 (9th Cir. 1988)

UNITED STATES of America, Plaintiff-Appellee,v.Kenneth Paul BAKER, Jr., Defendant-Appellant.

No. 87-5073.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 14, 1987.* Decided Feb. 24, 1988.

Before FLETCHER, REINHARDT and BRUNETTI, Circuit Judges.


MEMORANDUM** 

Appellant appeals from his conviction following a jury trial for aiding and abetting the commission of a bank robbery. We affirm.

Baker challenges the sufficiency of the evidence. We review the record in the light most favorable to the government to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Stewart, 770 F.2d 825, 831 (9th Cir. 1985).

At trial, one eyewitness testified that shortly before the bank robbery, she observed a white man with brown hair, 5'10" to 6' tall, wearing a white t-shirt and blue jeans talking to the other participant in the bank robbery. A second witness similarly described the man who drove the getaway car. The physical description and description of clothing given by both eyewitnesses matched that of Baker. Furthermore, Baker was arrested in the getaway car approximately 25 minutes after the bank robbery with $420 taken during the robbery. The jury was entitled to consider all reasonable inferences that could be drawn from the evidence, see United States v. Kipp, 624 F.2d 84, 85 (9th Cir. 1980), and to disbelieve the other participant in the bank robbery who testified that Baker was not involved. We conclude there was ample evidence to support the jury's verdict.

AFFIRMED.

 *

The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Circuit R. 36-3

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