Howard

United States v. Howard

Good Law
278 F. App'x 777
United States Court of Appeals for the Ninth CircuitMay 15, 2008No. 07-10104California381 words

Opinion

Lead Opinion

MEMORANDUM **

Clifton Elais Howard, III, appeals from his conviction for one count of conspiracy to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951 (a), one count of armed credit union robbery, in violation of 18 U.S.C. § 2113 (a) and (d), and one count of brandishing a firearm during a crime of violence, in violation of 18 U.S.C. *778 § 924 (c)(1). The facts are known to the parties and need not be repeated here.

Howard argues that the district court improperly corrected an erroneous code section citation in Count Six of the jury verdict form, pursuant to Federal Rule of Criminal Procedure 86. However, the district court did not clearly err in concluding that the jury intended to convict for a Federal Bank Robbery Act violation, rather than for a Hobbs Act violation; the jury was correctly instructed that Count Six charged a Federal Bank Robbery Act violation, and the jury also was correctly instructed on the required showings for a conviction under such statute. Accordingly, the district court did not abuse its discretion in correcting the verdict form to “to reflect the jury’s true intent.” United States v. Stauffer, 922 F.2d 508, 513-14 (9th Cir.1990);…

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