Opinion
No. 09-30221.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 2, 2010.
Jeffrey S. Sweet, Assistant U.S., Office of U.S. Attorney, Eugene, OR, for Plaintiff-Appellee.
Bryan E. Lessley, Assistant Federal Public Defender, FPDOR — Federal Public Defender's Office, Eugene, OR, for Defendant-Appellant.
Appeal from the United States District Court for the District of Oregon, Michael R. Hogan, District Judge, Presiding. D.C. No. 6:08-CR-60037-MRH.
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Willie David Applewhite appeals from the district court's denial of his motion to dismiss the indictment for lack of jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Applewhite contends that the federal bank robbery statute, 18 U.S.C. § 2113(a), lacks a sufficient nexus to interstate commerce because the Federal Deposit Insurance Corporation does not insure banks against theft or robbery, and therefore bank robberies do not cause any loss to the federal government. This contention lacks merit. See United States v. Blajos, 292 F.3d 1068, 1071-72 (9th Cir. 2002); United States v. Harris, 108 F.3d 1107, 1109 (9th Cir. 1997).