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U.S. v. OMER

Nos. 03-30513, 03-30544.

395 F.3d 1087 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy W. OMER, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Timothy W. Omer, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 19, 2005.

Attorney(s) appearing for the Case

Michael J. Sherwood, Missoula, MT, for the appellant.

Kris A. McLean, Assistant United States Attorney, Missoula, MT, for the appellee.

Before: HAWKINS, THOMAS, and McKEOWN, Circuit Judges.

PER CURIAM:

Timothy Omer appeals from his jury trial conviction and sentence for bank fraud in violation of 18 U.S.C. § 1344(1). Omer contends that the district court erroneously denied his pretrial motion to dismiss in which he argued that the indictment was fatally deficient because the indictment failed to allege materiality of the fraud. We review the sufficiency of an indictment de novo, United States v. Pernillo-Fuentes, 252 F.3d...

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