United States v. Dennis Friday

21 F.3d 1117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dennis FRIDAY, Defendant-Appellant. Nos. 91-50200, 91-50210, 91-50457, 91-50201, 91-50215, 93-50042, 91-50202 and 91-50223. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1994. * Decided March 21, 1994. Before: PREGERSON, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Dennis Friday appeals his convictions for conspiracy, attempted bank fraud and money laundering in violation of 18 U.S.C. Secs. 371 , 1344 and 1956(a)(1). We affirm. DISCUSSION 3 Friday did not challenge the superseding indictment before trial and so he waived any claim of defect. See Fed.R.Crim.P. 12(b)(2); United States v. Calabrese, 825 F.2d 1342, 1346-47 (9th Cir.1987). In any event, use of a superseding indictment is not illegal. See United States v. Buffington, 815 F.2d 1292, 1304 (9th Cir.1987). Moreover, the mere fact that the superseding indictment followed…