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UNITED STATES v. FULTON

No. 80-1364.

640 F.2d 1104 (1981)

UNITED STATES of America, Plaintiff-Appellee v. Randolph L. FULTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1981.

Attorney(s) appearing for the Case

Kenneth E. Kanev, Seattle, Wash., for defendant-appellant.

Sally R. Gustafson, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHOY and SCHROEDER, Circuit Judges, and KEEP, District Judge.

KEEP, District Judge:

Randolph Fulton was convicted by a jury of seventeen counts of aiding and abetting embezzlement by receiving and endorsing unauthorized checks in violation of Title 18, United States Code, Section 656 and Section 2. Defendant appeals on two grounds: (1) § 656 does not apply to embezzlement of funds from a mortgage company which is a wholly-owned subsidiary of an insured bank and (2) the district judge erred in not giving defendant's proposed...

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