United States v. Donald Mouton

This appeal involves a conviction for aiding and abetting in the misapplication of funds controlled by a bank, the deposits of which are insured by the Federal Deposit Insurance Corporation.

On December 12, 1978, a 20-count indictment was returned naming as defendants Shirley Ann Levias and the appellant, Donald Mouton. Levias was charged with 20 counts of willful misapplication of bank funds, in violation of 18 U.S.C. § 656 , and Mouton was charged with 20 counts of knowingly and willfully aiding and abetting Levias in the misapplication of bank funds, in violation of 18 U.S.C. § 656 and 18 U.S.C. § 2 , the aiding and abetting statute. Section 656 provides, in pertinent part:

On February 8, 1979, Co-defendant Levi-as pleaded guilty to Count I of the indictment as part of a plea agreement whereby she agreed to testify against appellant. In return the United States agreed to dismiss the remaining counts and inform the sentencing judge of her cooperation.

Pre-trial motions were heard by Judge William H. Orrick, Jr.; however, shortly before trial, the case was reassigned to Judge Wollenberg. On April 23, 1973, trial commenced; three days later a guilty verdict was returned on all…