United States v. Scott J. Smith

967 F.2d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Scott J. SMITH, Defendant-Appellant. No. 91-30176. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1992. Decided June 29, 1992. Before PREGERSON, TROTT and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 In the fall of 1984, defendant Scott Smith arranged to borrow about $700,000 from Seattle-First National Bank on a construction project. The bank conditioned its loan agreement on a showing that Smith had lease commitments. Smith falsified a copy of a lease to deceive the bank into thinking he had a ten year lease from a brokerage firm for the first floor, when he did not. 3 Smith was indicted on one count of making a false statement to a federally insured financial institution in violation of 18 U.S.C. § 1014 (1988). He pleaded guilty, and no issue is raised regarding the adequacy of the colloquy under Federal Rule of Criminal Procedure…