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

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

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


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 



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


Nite's motion to expedite bail pending appeal is denied