United States v. Len Don Whitman, AKA Punky, Lynn Don Whitman and Punkie

5 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Len Don WHITMAN, aka Punky, Lynn Don Whitman and Punkie, Defendant-Appellant. No. 92-10553. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 17, 1993. Decided Aug. 31, 1993. Appeal from a Decision of the United States District Court for the District of Arizona; No. CR-91-162-PHX-EHC, Earl H. Carroll, District Judge, Presiding. D.Ariz. AFFIRMED. Before FAIRCHILD, * BEEZER and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Len Don Whitman, an Indian, appeals his convictions of offenses having taken place in Indian Country. Whitman raises the following issues: (1) whether election is an appropriate remedy where an indictment is duplicitous; (2) whether the trial court erred in denying his motion for judgment of acquittal because there was insufficient evidence upon which to convict; and (3) whether his statements, admissions and confessions were…