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U.S. v. BATES

No. 87-2271.

852 F.2d 212 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. James D. BATES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 1988.

Attorney(s) appearing for the Case

Michael J. Zopf, Reno, O'Byrne & Kepley, P.C., Champaign, Ill., for defendant-appellant.

Thomas E. Karmgard, U.S. Attys. Office, Danville, Ill., for plaintiff-appellee.

Before CUMMINGS, EASTERBROOK and MANION, Circuit Judges.

CUMMINGS, Circuit Judge.

A jury convicted James D. Bates on three counts of willful misapplication of bank funds by a bank officer in violation of 18 U.S.C. § 656. The court subsequently sentenced Bates to five years imprisonment under Count I, two concurrent terms of five years probation (each consecutive to the sentence under Count I) under Counts II and III, and ordered him to pay restitution of approximately $55,000 to the bank. On appeal Bates asserts two...

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