United States v. Walter Clemons

Eighth Circuit

United States v. Walter Clemons

532 F.2d 122, 1976 U.S. App. LEXIS 12057

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 1, 1976

Docket75-1914

StatusPublished

Cited by5 cases

This text of 532 F.2d 122 (United States v. Walter Clemons) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Walter Clemons, 532 F.2d 122, 1976 U.S. App. LEXIS 12057 (8th Cir. 1976).

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Opinion

PER CURIAM.

Walter Clemons was convicted of violating 18 U.S.C. § 2113(a) and (d) by robbing a federally insured savings and loan association, and in the course of the robbery assaulting a teller and putting her life in jeopardy by use of a dangerous weapon. He was sentenced to twenty-three years imprisonment, and now appeals.

His only contention on appeal is that the government did not introduce evidence sufficient to prove beyond reasonable doubt that the savings institution involved, the Blue Valley Federal Savings and Loan Association, was federally insured.

The government produced the association’s certificate of insurance issued by the Federal Home Loan Bank. The certificate was identified by a vice president of the association. The government also introduced a premium notice and cancelled check issued in payment thereof for 1975, the year of the robbery. In addition, the parties stipulated that this premium had in fact been paid. This evidence was plainly sufficient to support a finding that the association was federally insured at the time of the robbery. United States v. Merrill, 484 F.2d 168, 169-70 (8th Cir.), cert. denied, 414 U.S. 1077, 94 S.Ct. 594, 38 L.Ed.2d 484 (1973); Scruggs v. United States, 450 F.2d 359, 361 (8th Cir. 1971), cert. denied, 405 U.S. 1071, 92 S.Ct. 1521, 31 L.Ed.2d 804 (1972). Appellant’s contention is thus without merit.

The judgment of conviction is affirmed.

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PER CURIAM.

Walter Clemons was convicted of violating 18 U.S.C. § 2113(a) and (d) by robbing a federally insured savings and loan association, and in the course of the robbery assaulting a teller and putting her life in jeopardy by use of a dangerous weapon. He was sentenced to twenty-three years imprisonment, and now appeals.

His only contention on appeal is that the government did not introduce evidence sufficient to prove beyond reasonable doubt that the savings institution involved, the Blue Valley Federal Savings and Loan Association, was federally insured.

The government produced the association’s certificate of insurance issued by the Federal Home Loan Bank. The certificate was identified by a vice president of the association. The government also introduced a premium notice and cancelled check issued in payment thereof for 1975, the year of the robbery. In addition, the parties stipulated that this premium had in fact been paid. This evidence was plainly sufficient to support a finding that the association was federally insured at the time of the robbery. United States v. Merrill, 484 F.2d 168, 169-70 (8th Cir.), cert. denied, 414 U.S. 1077, 94 S.Ct. 594, 38 L.Ed.2d 484 (1973); Scruggs v. United States, 450 F.2d 359, 361 (8th Cir. 1971), cert. denied, 405 U.S. 1071, 92 S.Ct. 1521, 31 L.Ed.2d 804 (1972). Appellant’s contention is thus without merit.

The judgment of conviction is affirmed.

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532 F.2d 122, 1976 U.S. App. LEXIS 12057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-walter-clemons-ca8-1976.

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