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Submitted: November 20, 2009

Before WOLLMAN, JOHN R. GIBSON, and SHEPHERD, Circuit Judges.

Jeffery Haas appeals his conviction following a jury trial on one count of aiding and abetting burglary of a building used in part as a bank in violation of 18 U.S.C. § 2113(a). He argues that he was improperly convicted of aiding and abetting bank burglary because the Go America Convenience Store (“Store”) is not a bank, and neither the Store nor the Automated Teller Machine (“ATM”) located in the Store was insured by the Federal Deposit Insurance Corporation (“FDIC”). He also argues that he is entitled to a new trial, as the district court*fn1 committed instructional and evidentiary errors. In addition, he asserts that he is not a career offender for sentencing purposes, and that the alternative sentence on bank theft is unreasonable and based on an improper upward departure. He finally argues that the district court erred in refusing to appoint counsel for him before sentencing. We affirm.

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