Staudt

United States v. Staudt

Good Law
63 F. App'x 377
United States Court of Appeals for the Ninth CircuitMay 19, 2003No. 02-30029California391 words

Opinion

Lead Opinion

MEMORANDUM **

Chris Staudt appeals pro se his guilty plea conviction and 41-month sentence for *378 bank fraud, in violation of 18 U.S.C. § 1844 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We review for plain error because Staudt did not object to the sufficiency of the indictment or the order of restitution in the district court. United States v. Velasco-Medina, 305 F.3d 839, 846-47 (9th Cir.2002) (indictment); United States v. Boyd, 222 F.3d 47, 49 (9th Cir.2000) (restitution order). We affirm.

Staudt contends that his indictment was defective because it failed to allege the element of “aiding and abetting.” The indictment referenced 18 U.S.C. § 2 , however, which satisfies the requirement of placing the defendant on notice of charges against him. See Velasco-Medina, 305 F.3d at 847 ; United States v. Armstrong, 909 F.2d 1238, 1241 (9th Cir.1990) (“Aiding and abetting is implied in every federal indictment for a substantive offense.”).

Staudt’s contention that he did not knowingly and voluntarily plead guilty is unpersuasive. Prior to accepting Staudt’s plea, the district court engaged in a lengthy colloquy with Staudt to ensure he understood…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.