United States v. Everist

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40938 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSEPH LELAND EVERIST,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:00-CR-67-ALL -------------------- March 12, 2003

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Joseph Leland Everist appeals from his bench-trial conviction

for robbery of a credit union under 18 U.S.C. § 2113(a), (d).

Everist argues that his indictment was defective because it alleged

that the victim credit union’s accounts were insured by the

National Credit Union Administration, rather than by the National

Credit Union Administration Board, as specified in 18 U.S.C.

§ 2113(g). Because Everist raises this challenge to his indictment

for the first time on appeal, it is subject to plain-error review.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. See United States v. Cotton, 535 U.S. 625, 122 S. Ct. 1781, 1785

(2002).

This omission in the indictment does not constitute plain

error. Even if it did amount to plain error, the omission would

not warrant relief because it does not seriously affect the

fairness, integrity, or public reputation of judicial proceedings.

See id. Accordingly, the district court’s judgment is AFFIRMED.

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