United States v. Joan Joyce Urrutia, Cheryl Ann Maestas

Following jury convictions for several counts of security and bank fraud, Joan Joyce Urrutia and Cheryl Ann Maestas were sentenced to twelve and ten years, respectively. Urrutia and Maestas now ap peal their convictions and several of the district court’s rulings on various motions.

I

Count 10 of the Indictment

The appellants were charged with violating the second paragraph of 18 U.S.C. § 2113 (a), which reads in pertinent part, “Whoever enters or attempts to enter any bank ... with intent to commit in such bank ... any felony affecting such bank ... and in violation of any statute of the United States, or any larceny ... [s]hall be fined not more than $5,000 or imprisoned not more than twenty years, or both.” 18 U.S.C. § 2113 (a) (1984) (emphasis added). The appellants argue that the “larceny” part of section 2113(a) is inapplicable to them because under that statute “larceny” requires the common-law elements of taking and carrying away. The question presented by the appellants’ argument is one of statutory interpretation which is reviewed de novo. United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.), cert. denied, 484 U.S. 856 , 108 S.Ct. 164 , 98 L.Ed.2d 118…