United States v. Bain, No. 17-10107 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed defendant's conviction and sentence for armed bank robbery, holding that his inadvertent placement of a pocket knife on the bank's counter while pulling a plastic bag out of his pocket did not put in jeopardy the life of any person by the use of a dangerous weapon. The panel held that the district court committed plain error in accepting defendant's guilty plea without a sufficient factual basis, and the error affected defendant's substantial rights where it was reasonably probable that he would not have pleaded guilty but for the error.