Zidar

United States v. Zidar

Good Law
178 F. App'x 673
United States Court of Appeals for the Ninth CircuitMay 3, 2006No. 03-30340California2,690 words

Opinion

lead Opinion

MEMORANDUM *

John Wayne Zidar appeals his conviction by jury verdict and the sentence imposed by the district court. A federal grand jury charged Zidar with promoting a Ponzi scheme that swindled more than $79 million from about two thousand persons. 1 After a month-long trial, a jury found Zi-dar guilty of: conspiracy to commit mail fraud; conspiracy to commit wire fraud; conspiracy to commit money laundering; seven counts of mail fraud; seven counts of wire fraud; and nine counts of money laundering. The district court sentenced Zidar to a thirty-year term of incarceration.

Zidar challenges the district court’s decision to deny two pretrial motions: a motion to suppress evidence; and a motion to dismiss the indictment. He also challenges the district court’s decision not to hold an evidentiary hearing on the motion to suppress. Zidar filed both motions long after the pretrial motions deadline established by the district court under Federal *676 Rule of Criminal Procedure 12(c). The district court denied both motions as untimely, without reaching the merits. 2

Zidar’s motions were untimely, and accordingly he waived his right to seek relief in them. Fed. R.Ceim. P. 12(e). The…

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