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UNITED STATES v. LUKE

701 F.2d 1104 (1983)

UNITED STATES of America, Appellee, v. Kenneth Glen LUKE, Appellant. UNITED STATES of America, Appellee, v. W. Michael LOVERN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1983.

Rehearing and Rehearing Denied April 12, 1983.

Attorney(s) appearing for the Case

William B. Disney, Patrick M. McSweeney, Richmond, Va. (James F. Stutts, McSweeney, Stutts & Burtch, Richmond, Va., on brief), for appellants.

William G. Otis, Sp. Asst. U.S. Atty., Alexandria, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Patricia A. Kerwin, David P. Baugh, Asst. U.S. Attys., Richmond, Va., on brief), for appellee.

Before HALL, MURNAGHAN and SPROUSE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 12, 1983.

MURNAGHAN, Circuit Judge:

Kenneth G. Luke and W. Michael Lovern were convicted by a jury on all three counts of an indictment charging: (1) conspiracy to misapply bank funds and to make a false entry in bank records in violation of 18 U.S.C. §§ 2, 656, and 1005; (2) aiding, abetting and causing the making of a false entry in bank records, a violation of 18 U.S.C. §§ 2 and 1005; and...

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