Omer

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, No. 03-30513 v.  D.C. No.

TIMOTHY W. OMER, CR-03-00009-DWM

Defendant-Appellant. 

UNITED STATES OF AMERICA,  No. 03-30544 Plaintiff-Appellant, v.  D.C. No.

CR-03-00009-DWM

TIMOTHY W. OMER,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted December 6, 2004—Seattle, Washington

Filed January 19, 2005

Before: Michael Daly Hawkins, Sidney R. Thomas, and M. Margaret McKeown, Circuit Judges.

Per Curiam Opinion Michael J. Sherwood, Missoula, Montana, for the appellant.

Kris A. McLean, Assistant United States Attorney, Missoula, Montana, for the appellee.

OPINION

PER CURIAM:

Timothy Omer appeals from his jury trial conviction and sentence for bank fraud in violation of 18 U.S.C. § 1344(1). Omer contends that the district court erroneously denied his pretrial motion to dismiss in which he argued that the indict- ment was…