United States v. Roland Menchaca

37 F.3d 1507 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roland MENCHACA, Defendant-Appellant. No. 92-50149. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1994. * Decided Oct. 12, 1994. 1 Before: WIGGINS, T.G. NELSON, Circuit Judges, REED ** , District Judge. 2 MEMORANDUM *** 3 Roland Menchaca ("Appellant") appeals his conviction for conspiracy to rob a federally insured bank. At trial, the focus was entirely on the conspiracy, and little or no attention was paid to the elements of the underlying crime. 4 No evidence was presented of the insurance of the bank by the Federal Deposit Insurance Corporation. The jury instructions, moreover, failed to describe the elements of a violation of 18 U.S.C. Sec. 2113 (a). The government now concedes that Appellant's conviction must be reversed. United States v. James, 987 F.2d 648, 651 (9th Cir.1993) ("[I]n this circuit the FDIC status of a bank is an essential…