United States v. Donna Kaye Lubben

38 F.3d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donna Kaye LUBBEN, Defendant-Appellant. No. 93-10498. United States Court of Appeals, Ninth Circuit. Submitted Sept. 12, 1994. * Decided Oct. 11, 1994. 1 Before: FARRIS and BEEZER, Circuit Judges, and McLAUGHLIN, ** District Judge. 2 MEMORANDUM *** 3 Donna Kaye Lubben appeals her jury conviction and sentence for bank fraud and conspiracy to commit bank fraud in violation of 18 U.S.C. Secs. 371 , 1344. Lubben argues that the district court lacked jurisdiction because the grand jury indictment was not returned in open court, the evidence at trial was insufficient to support the jury's verdict finding a single conspiracy instead of multiple conspiracies, and the district court misapplied the Sentencing Guidelines. Finally, Lubben appeals the district court's denial of her motion for a new trial. 4 The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 .…