U.S. v. TUOHEY

No. 88-1245.

867 F.2d 534 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. John Thomas TUOHEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1989.


Attorney(s) appearing for the Case

Richard A. Hamar, Hamar and Hamar, Miami, Fla., for defendant-appellant.

Leland B. Altschuler, Asst. U.S. Atty., San Jose, Cal., for plaintiff-appellee.

Before BROWNING, BEEZER and KOZINSKI, Circuit Judges.


BEEZER, Circuit Judge:

John Thomas Tuohey appeals his conviction following a guilty plea to the criminal conspiracy count of a multicount indictment for bank fraud. Tuohey argues that the conspiracy charge did not constitute a crime or, in the alternative, that it constituted a misdemeanor rather than a felony. We affirm.

I

Tuohey conspired with other individuals to gain control of the Bank of Northern California without reporting the transaction...

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