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U.S. v. GILCHRIST

No. 09-10250.

658 F.3d 1197 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight GILCHRIST, a.k.a. David Bangsberg, a.k.a. Michael Colston, a.k.a. Bruce Gilchrist, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2011.

Attorney(s) appearing for the Case

Tracie L. Brown, Esq. , Assistant U.S. Attorney, Office of the U.S. Attorney, San Francisco, CA, for the plaintiff-appellee.

Robert Frederick Waggener , San Francisco, CA, for the defendant-appellant.

Before: MARY M. SCHROEDER, JOHNNIE B. RAWLINSON, and CARLOS T. BEA, Circuit Judges.

OPINION

BEA, Circuit Judge:

Dwight Gilchrist appeals his sentence of 25 months' imprisonment plus five years of supervised release following his guilty plea to ten counts of embezzlement under 18 U.S.C. § 656, and eight counts of bank fraud under 18 U.S.C. § 1344. The eighteen counts Gilchrist pleaded guilty to relate to two schemes to defraud Wells Fargo: an embezzlement scheme and a check-kiting scheme. His primary contention is that because...

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