United States v. Mohammed Idrees Kussair

73 F.3d 371 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mohammed Idrees KUSSAIR, Defendant-Appellant. No. 95-10100. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Dec. 22, 1995. Before: CHOY, WIGGINS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Mohammed I. Kussair was convicted of committing bank larceny in violation of 18 U.S.C. Sec. 2113 (b) for withdrawing $900,000 that had been erroneously deposited into his savings account due to an encoding error by bank personnel. Kussair contends on appeal that the district court misconstrued Sec. 2113(b) in holding that he "took" the erroneously deposited funds when he withdrew them, rather than when the funds were first deposited into his account or when he first learned the funds were in his account. In addition, he claims there is insufficient evidence of his intent to steal to support his conviction and challenges the district…