No. 74-1509.

514 F.2d 786 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Howard Lee BROOKSHIRE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1975.

Rehearing Denied May 15, 1975.

Attorney(s) appearing for the Case

Robert D. McDonald, Asst. U. S. Atty. (Richard A. Pyle, U. S. Atty. on the brief), for plaintiff-appellee.

Andrew Wilcoxen, of Wilcoxen, Lunn, Mayes & Cate, Muskogee, Okl., for defendant-appellant.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The one-count indictment charged defendant-appellant Brookshire with misapplication of bank funds in violation of 18 U.S.C. § 656. The jury found him guilty. He appeals from the sentence imposing a fine of $2,000.

Defendant was president of the First Bank in Atoka, Atoka, Oklahoma. Its deposits are insured by the Federal Deposit Insurance Corporation. Defendant needed to borrow $30,000 for a personal business venture with...

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