United States, et al v. LaBarba, et al

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30003
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES G. “JERRY” LABARBA, SR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CR-50103-1
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October 1, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
James G. “Jerry” LaBarba, Sr., appeals his jury convictions
for conspiring to commit bank fraud and to misapply bank funds
and aiding and abetting bank fraud. He argues that the district
court erred in excluding proffered evidence of a work-out
agreement between him and the defrauded bank. After reviewing
the record and the briefs of the parties, we hold that the
district court did not abuse its broad discretion in excluding
the evidence as being irrelevant to LaBarba’s intent and, in any
event, did not abuse its discretion in excluding the evidence

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No. 01-30003
-2-
under Federal Rule of Evidence 403. See United States v.
Waldrip, 981 F.2d 799, 806 (5th Cir. 1993); United States v.
Tidwell, 559 F.2d 262, 265-67 (5th Cir. 1977).
AFFIRMED.

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