Wagner

United States v. Wagner

Good Law
19 F. App'x 542
United States Court of Appeals for the Ninth CircuitSeptember 19, 2001No. 98-50707; D.C. No. CR-96-00779-RSWLCalifornia687 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner John Allen Wagner appeals pro se his conviction and 210 month sentence for seven counts of bank robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

Wagner first contends the FDIC certificates of insurance were erroneously admitted at trial. Because Wagner did not timely object to their admission, we review for plain error. See United States v. Pino-Noriega, 189 F.3d 1089, 1097 (9th Cir.), cert. denied, 528 U.S. 989 , 120 S.Ct. 453 , 145 L.Ed.2d 369 (1999). Wagner’s contention is without merit because the certificates fall outside the definition of hearsay. See United States v. Bellucci, 995 F.2d 157, 160-61 (9th Cir.1993); see also United States v. Alexander, 48 F.3d 1477, 1486-87 (9th Cir.1995) (upholding admission of FDIC certificates under Fed. R.Evid. 803(24)); United States v. Chapel, 41 F.3d 1338, 1340-41 (9th Cir.1994) (upholding admission under Fed.R.Evid. 803(10)). Despite Wagner’s arguments to the contrary, the FDIC’s records were properly authenticated and satisfied the best-evidence rule. 1 See 12 U.S.C. § 1820 (f); Fed.R.Evid. 902(1), 1005.

Wagner next contends the evidence…

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