Unpublished Disposition, 865 F.2d 265 (9th Cir. 1988)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.Truman Kella GIBSON, Jr., Defendant-Appellant.
No. 87-3169.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Dec. 12, 1988.Decided Dec. 19, 1988.
Before EUGENE A. WRIGHT, PREGERSON and REINHARDT, Circuit Judges.
MEMORANDUM*
We affirm Gibson's conviction of conspiracy to defraud a Montana bank and of executing such a scheme. Truman Gibson, an Illinois lawyer, was charged together with James F. McQuade of conspiring and executing a scheme to defraud the Bank of Columbia Falls. Both were convicted and only Gibson appeals.
The evidence of Gibson's intent to defraud the bank was sufficient. The jury heard recorded telephone calls between the coconspirators in which the scheme was discussed. It was clear to the jury as it is to us that the two intended to defraud the bank of money advanced for the guarantee of a surety bond.
There was no error in the instruction to the jury with reference to the telex communication. Nor did the court err in refusing to instruct that Gibson must know that the money he had obtained belonged to the bank. Such knowledge was not an element of the offense.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3
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