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UNITED STATES v. SHIVELY

Nos. 82-2192, 82-2436.

715 F.2d 260 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Gary L. SHIVELY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. G. Winfield PARDEE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1983.

Rehearing Denied October 5, 1983.

Attorney(s) appearing for the Case

Brent D. Holmes, Mattoon, Ill., Sidney I. Schenkier, Chicago, Ill., for defendants-appellants.

Robert T. Coleman, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before CUDAHY and POSNER, Circuit Judges, and ROSENN, Senior Circuit Judge.

POSNER, Circuit Judge.

Messrs. Shively and Pardee were convicted of bank fraud and appeal on a variety of substantive and procedural grounds.

Shively was the president of the First National Bank of Marshall, Illinois, a small country bank. His troubles began when he bought (from the chairman of the board of the bank) a lot on which to build a house for himself. He entered into an oral agreement with a contractor to build the house for $80,000 and got a commitment...

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