UNITED STATES v. PAYNE

No. 78-3735.

602 F.2d 1215 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Wilburn E. PAYNE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 22, 1979.


Attorney(s) appearing for the Case

Richard Nettum, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellant.

Harry Jay Altman, II, Thomasville, Ga., for defendant-appellee.

Before WISDOM, AINSWORTH and RONEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 22, 1979.

WISDOM, Circuit Judge:

This appeal presents the question whether "check kiting"1 violates 18 U.S.C. § 1014. We hold that it does. After a hearing in which the government proffered detailed proof of what its evidence would show if the case were allowed to go to trial, the district court dismissed the indictment on the ground that check kiting does not violate 18 U.S.C...

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