United States v. Frank

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 97-20995
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALONZO FRANK,

Defendant-Appellant.

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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CR-100-1
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October 20, 1998

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.

PER CURIAM:*

Alonzo Frank challenges his conviction for violating the

federal bank robbery statute, 18 U.S.C. § 2113. Frank contends

that his robbery of a private armored-car courier does not

constitute a violation of § 2113 because the funds do not “belong

to” the financial institution when they are in the courier’s

possession. Frank’s contention is without merit. When Frank

robbed the courier here, he stole funds that “belonged to” the

credit union even though the funds were at that moment in the

*
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that this opinion should not be published and is not precedent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. 97-20995
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possession of an agent of the credit union. See United States v.

Van, 814 F.2d 1004, 1006-08 (5th Cir. 1987) (citing United States

v. Jakalski, 237 F.2d 503, 506 (7th Cir. 1956)).

Frank’s unbriefed assertion that the district court erred by

submitting a purported question of law to the jury is deemed

abandoned. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.

1993).

AFFIRMED.