United States v. Robert J. Poliak

CHAMBERS, Circuit Judge:

Robert Poliak was charged with ten counts of bank fraud in violation of 18 U.S.C. § 1344. Poliak brought a motion to require the government to elect or consolidate the counts arguing the indictment was multiplicitous because it charged a single scheme to defraud in ten separate counts. Prior to the district court ruling on the motion, Poliak pleaded guilty to all counts reserving the right to appeal the denial of his motion pursuant to Fed.R. Crim.P. 11(a)(2). The district court thereafter denied the motion and Poliak now appeals that ruling and his conviction. We…