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UNITED STATES v. ALBERTS

No. 83-1328.

721 F.2d 636 (1983)

UNITED STATES of America, Appellee, v. Lavonne ALBERTS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 22, 1983.

Rehearing Denied January 27, 1984.

Attorney(s) appearing for the Case

Rodney S. Webb, U.S. Atty., Dennis D. Fisher, Asst. U.S. Atty., Fargo, N.D., for appellee.

Michael F. Daley, McConn, Fisher & Thune, Ltd., Grand Forks, N.D., for appellant, Lavonne Alberts.

Before ROSS, McMILLIAN and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Lavonne Alberts appeals from a conviction of embezzling funds from the Devils Lake Sioux Comprehensive Employment Training Act (CETA) office in violation of 18 U.S.C. § 1163. We reverse the conviction.

On September 10, 1982, Special Agent Spencer A. Hellekson, Federal Bureau of Investigation, was notified by Criminal Investigator Robert D. Ecoffey, Bureau of Indian Affairs, that a number of Devils Lake Sioux Tribe CETA Program checks...

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