Unpublished Disposition, 875 F.2d 871 (9th Cir. 1989)

MEMORANDUM^** 

Robert Lauren Bartsch appeals the denial of his petition for writ of error coram nobis, treated by the district court as a motion for relief from sentence under 28 U.S.C. § 2255. Bartsch challenges his conviction on the ground that the government failed to prove that the institution he robbed was federally insured. He argues that the federal court therefore lacked jurisdiction over the crime, and that his guilty plea was invalid.

This case is controlled, however, by this court's decision in United States v. Davis, 452 F.2d 577, 578 (9th Cir. 1971), in which on facts identical to this case we held that a prisoner could not attack his conviction on the basis of lack of proof of federal insurance. We held that, by pleading guilty to the indictment, the prisoner had admitted all allegations in the indictment. See also United States v. Mathews, 833 F.2d 161, 163-64 (9th Cir. 1987). " [A] guilty plea admits even those factual allegations in the indictment that form the predicate for federal jurisdiction." Id. at 164.

Since the state was not required to prove the existence of federal insurance, there was no disputed issue of fact requiring an evidentiary hearing in the district court.

AFFIRMED.