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U.S. v. SMITH

Nos. 87-1010, 87-1011.

838 F.2d 436 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Norman B. SMITH and Robert A. Bailey, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 29, 1988.

Attorney(s) appearing for the Case

Edward B. Simpson, Simpson & Gigounas, San Francisco, Cal. (John Gigounas of Simpson & Gigounas, was also on brief), for defendant-appellant Bailey.

Richard Rideout, Freudenthal, Salzburg, Bonds & Rideout, Cheyenne, Wyo., for defendant-appellant Smith.

David A. Kern, Asst. U.S. Atty., Cheyenne, Wyo. (Richard A. Stacy, U.S. Atty., Cheyenne, Wyo., was also on brief), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and ALLEY, District Judge.

HOLLOWAY, Chief Judge.

Defendants-appellants, Norman B. Smith and Robert A. Bailey, were convicted under 18 U.S.C. § 371 and under 18 U.S.C. §§ 1014 and 2 for conspiracy and for making false statements to a federally insured institution for purposes of obtaining loan funds. Defendants appeal, arguing: 1) the evidence was insufficient to sustain the convictions; and 2) the verdict form was improper so as to...

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