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U.S. v. JAMES

No. 92-10043.

987 F.2d 648 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Cornelius JAMES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 1993.

Attorney(s) appearing for the Case

J. Frank McCabe, Goorjian & McCabe, San Francisco, CA, for defendant-appellant.

Rodolfo M. Orjales, Asst. U.S. Atty., San Francisco, CA, for plaintiff-appellee.

Before: ALARCON, RYMER, and T.G. NELSON, Circuit Judges.

RYMER, Circuit Judge:

The government neglected to introduce evidence that banks it accused Charles Cornelius James of robbing were insured by the Federal Deposit Insurance Corporation. Even though proof of FDIC insurance is an element of the federal crime of bank robbery, 18 U.S.C. § 2113(a), James was convicted. He appeals on the ground of insufficiency of the evidence.1 We have to decide whether a stipulation about "the FDIC aspect...

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