United States v. Fred Blajos, AKA Freddie Martinez Blajos

Good Law
2002 Daily Journal DAR 6569·292 F.3d 1068·2002 WL 1286103·2002 U.S. App. LEXIS 11277
United States Court of Appeals for the Ninth CircuitJune 12, 200201-50199California1,827 words

Opinion

Opinion

Graber, J.

■ The main question for decision is whether, in a prosecution for armed bank robbery under 18 U.S.C. § 2113 , the Government is required to prove that the money taken by the defendant was insured by the Federal Deposit Insurance Corporation (FDIC), or whether the Government is required 8479 to prove only that the institution from which the money was taken was FDIC-insured. We hold that the latter interpretation is correct and, accordingly, affirm.

Defendant Fred Blajos’ conviction for armed bank robbery stems from his participation in a scheme to steal money from an Automated Teller Machine (ATM) located at the Bingo Club in Hawaiian Gardens, California. The ATM was owned by Cedars Bank.

Blajos’ co-defendant worked at the Bingo Club. He called Blajos when employees from First Line Courier were delivering cash to service the Cedars Bank ATM located at the Bingo Club. Blajos arrived with a handgun, ordered the couriers to open the ATM, and told the couriers to put the money (which turned out to amount to $33,400) into a backpack. They obeyed. Blajos fled with the backpack and, eventually, was arrested and charged in this case.

At trial, the vice-president of Cedars Bank…

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.