United States v. Joseph Klade, Jr., AKA Joseph Klady, Jr.

79 F.3d 1155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph KLADE, Jr., aka Joseph Klady, Jr., Defendant-Appellant. No. 95-10213. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1996. ** Decided March 14, 1996. 1 Before: HALL and BRUNETTI, Circuit Judges, and WEINER, *** District Judge. 2 MEMORANDUM * 3 I. Background. 4 Joseph Klade, Jr. was charged in a five count indictment of aggravated sexual abuse of a minor Indian female, who had not attained the age of 12 years, in violation of 18 U.S.C. §§ 1153 and 2241(c). The government dismissed the fifth count. A jury found him guilty on counts one and two and not guilty on counts three and for. He timely appeals his conviction. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction. 28 U.S.C. § 1291 . 5 II. Duplicitous Indictment. 6 Klade argues that the district court erred when it did not dismiss…