United States v. Edwin Wallace Wheeler

29 F.3d 637 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edwin Wallace WHEELER, Defendant-Appellant. No. 93-10522. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1994. Decided July 22, 1994. Before: GOODWIN, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Edwin "Bud" Wheeler appeals his jury conviction for securities fraud for making certain misstatements and omissions in a registration statement and its amendments filed with the Securities and Exchange Commission (SEC). 15 U.S.C. Secs. 77q(a) and 77x and 18 U.S.C. Sec. 2 . This court has jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 3 * This appeal turns on whether the court's admission of Wheeler's stipulation with the SEC for entry of a civil consent judgment, and the final judgment, was plain error. Wheeler now argues that admitting the stipulation and final judgment ran afoul of Fed.R.Evid. 408, but made no objection at…