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UNITED STATES v. UPSHAW

No. 81-1667.

685 F.2d 1202 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Lee UPSHAW, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1982.

Rehearing and Rehearing Denied October 26, 1982.

Attorney(s) appearing for the Case

William M. Goodman, San Francisco, Cal., for defendant-appellant.

Robert P. Feldman, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CHOY, SNEED and FARRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 26, 1982.

PER CURIAM:

A jury convicted Upshaw of aiding and abetting an employee of a federally-insured savings and loan institution to fraudulently misapply funds. See 18 U.S.C. §§ 657 and 2. Most of the Government's evidence pointed to Barbara Branche, who was tried jointly with Upshaw, as the employee involved. The district judge acquitted Branche under Fed.R.Crim.P. 29 (allowing acquittal...

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