UNITED STATES v. MIZE

No. 84-2397 Summary Calendar.

756 F.2d 353 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Mary Catherine MIZE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 20, 1985.


Attorney(s) appearing for the Case

Buddy Stevens, Angleton, Tex., Mark Stevens, San Antonio, Tex., for defendant-appellant.

Daniel K. Hedges, U.S. Atty., Houston, Tex., James R. Gough, Andrea J. Larry, Asst. U.S. Attys., for plaintiff-appellee.

Before GEE, JOHNSON and DAVIS, Circuit Judges.


GEE, Circuit Judge:

Mary Catherine Mize appeals from a jury verdict finding her guilty on all counts of a ten-count indictment charging her with misapplying and embezzling bank funds and making false bank entries. Because the government failed to prove that the defrauded bank was a "member bank of the Federal Reserve System," as specifically alleged in each count of the indictment, and the district court erroneously instructed the jury on this issue, we must reverse...

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