United States v. Gerald Michael Dini

892 F.2d 84 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Gerald Michael DINI, Defendant-Appellant. No. 88-1226. United States Court of Appeals, Ninth Circuit. Submitted Nov. 16, 1989. Decided Dec. 11, 1989. Before FARRIS, PREGERSON and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Gerald Dini appeals his conviction by jury-trial of interstate transportation of stolen securities in violation of 18 U.S.C. 2314, bank fraud in violation of 18 U.S.C. 1344, and conspiracy to commit bank fraud in violation of 18 U.S.C. 371. Dini contends that the district court erred in (1) denying his pre-trial request for Brady material, (2) denying his motion for mistrial based on a comment made by the trial judge in the presence of the jury, and (3) denying his request for admission into evidence of a tape recording. Dini also requests that we vacate the special assessment that the district court imposed against him. We find that none of the…