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U.S. v. POLIAK

No. 86-1096.

823 F.2d 371 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Robert J. POLIAK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1987.

Attorney(s) appearing for the Case

Daniel F. Cook, San Jose, Cal., for defendant-appellant.

Sanford Svetcov, San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS, WALLACE and KENNEDY, Circuit Judges.

CHAMBERS, Circuit Judge:

Robert Poliak was charged with ten counts of bank fraud in violation of 18 U.S.C. § 1344. Poliak brought a motion to require the government to elect or consolidate the counts arguing the indictment was multiplicitous because it charged a single scheme to defraud in ten separate counts. Prior to the district court ruling on the motion, Poliak pleaded guilty to all counts reserving the right to appeal the denial of his motion pursuant to...

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