United States v. Roby Taylor Chapel, Jr.

Good Law
41 F.3d 1338·94 Daily Journal DAR 17412·1994 WL 687772·41 Fed. R. Serv. 956·1994 U.S. App. LEXIS 34573
United States Court of Appeals for the Ninth CircuitDecember 12, 199493-50430California2,292 words

Opinion

Opinion

Nelson, J.

OVERVIEW

Roby. Taylor Chapel, Jr. (Chapel) appeals his jury conviction for armed robbery of the First Federal Savings and Loan Association of San Bernardino (Bank). He challenges his conviction on the grounds that the Government failed to provide sufficient evidence that the Bank was federally insured. He also contends the district court erred by taking judicial notice of the Bank’s insured status. We affirm.

FACTS AND PROCEDURAL HISTORY

On August 8, 1991, an armed man entered the Bank and demanded cash from the tellers. As a result of this crime, Chapel was charged with three counts, including one count of armed bank robbery in violation of 18 U.S.C. § 2113 (a, d).

Prior to trial, the Government filed a motion requesting the district court take judicial notice that the Bank was federally insured on the date of the robbery. In support of its motion, the Government presented a “Certified Duplicate of Insurance” which was dated August 9, 1989, and certified that all of the Bank’s deposits were federally insured. The Government also presented a “Certificate of Proof of Insured Status” executed by Patti Fox (Fox), assistant executive secretary of the Federal Deposit Insurance…

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