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U.S. v. BENNETT

No. 06-50580.

621 F.3d 1131 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. James Davis BENNETT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2010.

Attorney(s) appearing for the Case

Phillip A . Trevino of the Law Offices of Phillip Trevino (Los Angeles, CA) for the appellant.

George S. Cardona , Robb C. Adkins , and Brett A. Sagel of the Office of the United States Attorney's Office (Santa Ana, CA) and Curtis Kin of the United States Attorney's Office (Los Angeles, CA) for the appellee.

Before ANDREW J. KLEINFELD, KIM McLANE WARDLAW and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

WARDLAW, Circuit Judge:

It is a federal crime knowingly to execute, or attempt to execute, a scheme or artifice "(1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises." 18 U.S.C. § 1344. "Financial institution" is defined, as...

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