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UNITED STATES v. KENNEDY

No. 83-3048.

726 F.2d 546 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Sailor J. KENNEDY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted January 17, 1984.

Decided February 22, 1984.

Attorney(s) appearing for the Case

Stephen Cooper, Asst. U.S. Atty., Fairbanks, Alaska, for plaintiff-appellee.

Daniel U. Smith, Kentfield, Cal., for defendant-appellant.

Before WRIGHT, TANG and ALARCON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Kennedy was convicted on three counts of making false statements to a federally insured bank under 18 U.S.C. § 1014. There are two substantial questions:1 (1) whether the indictment was multiplicitous because it charged three violations of Section 1014 when all statements were made to obtain a single loan; and (2) whether it was duplicitous because it allowed conviction on Count II for statements made...

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