United States v. Everist

* 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that this opinion should not be published and is not precedent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. 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
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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.

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2 G:\OPIN-SC-02-40938.opn.wpd
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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