United States of America, Plaintiff-appellee, v. Rob Nite, Defendant-appellant, 131 F.3d 149 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 131 F.3d 149 (9th Cir. 1997)

Submitted Nov. 17, 1997. **Decided Nov. 19, 1997


MEMORANDUM* 

Appeal from the United States District Court for the District of Montana Charles C. Lovell, District Judge, Presiding

Before: HUG, Chief Judge, PREGERSON and BEEZER, Circuit Judges.


Rob Nite, a federal prisoner, appeals pro se his conviction for wire fraud in violation of 18 U.S.C. § 1343, and conspiracy to commit wire fraud in violation of 18 U.S.C. § 371. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

All of the claims raised by Nite lack support in the record, in our case law, or in both. The record as a whole conclusively demonstrates that Nite was "fairly tried and that the evidence of guilt was substantial." See Riley v. United States, 411 F.2d 1146, 1153 (9th Cir. 1969).1 

AFFIRMED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

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

 1

Nite's motion to expedite bail pending appeal is denied