United States of America, Plaintiff-appellee, v. Charles Frederick Walker, Defendant-appellant, 5 F.3d 544 (9th Cir. 1993)
Annotate this CaseThe district court did not err in concluding the government proved the victim banks were federally insured. Though the prosecutor offered FDIC certificates dated before the robbery, he also offered testimony of bank employees to confirm that the bank was FDIC-insured during the robbery, Gov't ER at 8, 58. Such uncontradicted testimony establishes this element of the offense. United States v. Campbell, 616 F.2d 1151, 1153 (9th Cir. 1980).
Nor did the district court err in refusing to give the special "Telfaire" jury instruction that defense counsel requested. See United States v. Telfaire, 469 F.2d 552, 558-59 (D.C. Cir. 1972). " [T]rial courts need not give the Telfaire instruction when the matter is covered by simpler instructions," United States v. Field, 625 F.2d 862, 872 (9th Cir. 1980).
Finally, since the Supreme Court has resolved the circuit split in the Ninth Circuit's favor, see Deal v. United States, 113 S. Ct. 1993, 1996 (1993), the district court did not err in relying on United States v. Neal, 976 F.2d 601, 602 (9th Cir. 1992). In fact, the Supreme Court has vacated and remanded the case on which petitioner relies. See United States v. Abreu, 113 S. Ct. 2405 (1993).
AFFIRMED
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4
The Honorable Danny J. Boggs, United States Circuit Judge, United States Court of Appeals for the Sixth Circuit, sitting by designation
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.