United States v. Sero

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-11404 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOEY CHRISTOPHER SERO, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:96-CR-42-Y - - - - - - - - - - October 23, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. PER CURIAM:* Joey Christopher Sero, proceeding pro se, appeals his convictions for bank robbery. Sero contends that the Government did not prove that the deposits of Bank One of Texas, N.A., were insured by the Federal Deposit Insurance Corporation (FDIC), a requirement for establishing federal jurisdiction. Sero’s motion to file his reply brief in its current form is GRANTED. Proof that a bank was FDIC-insured at the time of a robbery * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 96-11404 -2- is an essential element of the crime of bank robbery and is necessary to establish federal jurisdiction. United States v. Slovacek, 867 F.2d 842, 845 (5th Cir. 1989). Rule 11(f), Fed. R. Crim. P., provides that the district court must satisfy itself that there is a factual basis for a guilty plea. See United States v. Guichard, 779 F.2d 1139, 1146 (5th Cir. 1986). The record demonstrates that the district court established that there was a sufficient factual basis for Sero’s guilty plea. The judgment appealed is AFFIRMED.