Nordstrom

United States v. Nordstrom

Good Law
7 F. App'x 716
United States Court of Appeals for the Ninth CircuitApril 2, 2001No. 99-50748; D.C. No. CR-96-00150-AHS-1California488 words

Opinion

Lead Opinion

MEMORANDUM **

Anna Tran Nordstrom was convicted of making false statements to federally in *717 sured institutions in violation of 18 U.S.C. § 1014 . Her appellate counsel filed this appeal pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), identifying potential issues regarding Nordstrom’s conviction and sentence. Our task is to determine whether there are any meritorious issues. See Anders, 386 U.S. at 744 . We conclude there are none, and accordingly, we affirm.

DISCUSSION

1. Jury Instructions

Nordstrom objected to an aiding and abetting instruction because the government had alleged that she was a direct participant in the crimes charged. An aiding and abetting instruction, however, may be given “even though this theory is not charged in the indictment.” See United States v. Batimana, 623 F.2d 1366 , 1370 n. 3 (9th Cir.1980); see also United States v. Vaandering, 50 F.3d 696, 702 (9th Cir. 1995) (noting that “[ajiding and abetting may be implied in every substantive federal offense”). We agree with the district court that there was sufficient evidence presented to permit the jury to decide whether Nordstrom knowingly assisted others in…

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