United States v. Romulo Balladares Ortiz

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Romulo Balladares ORTIZ, Defendant-Appellant. No. 91-10616. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1994. Decided July 22, 1994. 1 Before: REINHARDT and LEAVY, Circuit Judges, and BROWNING, * District Judge. 2 MEMORANDUM ** 3 Romulo Balladares Ortiz appeals from his conviction for bank fraud, under 18 U.S.C. Sec. 1344 (1988), and aiding and abetting in the misapplication of bank funds, under 18 U.S.C. Sec. 656 (1988) (misapplication of bank funds) and 18 U.S.C. Sec. 2 (1988) (aiding and abetting). Specifically, he contends that the district court erred by failing to instruct the jury that in order to convict Ortiz of aiding and abetting misapplication of bank funds, it was required to find that Lester Kukuk, the "traditional principal," intended to defraud Bank of America. In addition, Appellant contends that insufficient…