United States v. Robert Emerson Ezzell

Appellant appeals from his judgment of conviction, upon a jury verdict of guilty, for robbing a branch of the Tacoma Savings and Loan Association by force, violence and intimidation in violation of 18 U.S.C. § 2113 (a).

The first issue raised is whether the Government proved that said Association was a “savings and loan association” within the intendment of the statute. Evidence had to establish that it was an “insured institution”, as defined in 12 U.S.C. § 1724 . See 18 U.S.C. § 2113 (g). To be such an institution, the Association’s accounts must be insured by the Federal Savings and Loan Insurance Corporation (FSLIC). 12 U.S.C. § 1724 (c).

An officer of the Association testified that it was insured by FSLIC at the time of the robbery. Further a copy of the Association’s Certificate of Insurance, from FSLIC, was admitted into evidence. Appellant contends that the fact the Association was insured doesn’t prove that its accounts also were insured. A similar argument was rejected in United States v. Ballard, 418 F.2d 325 (9th Cir. 1969); see also United States v. Phillips, 606 F.2d 884 (9th Cir. 1979).

Four days before the robbery of Tacoma Savings, Appellant escaped from a U.…