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U.S. v. MEDELES

No. 90-8046.

916 F.2d 195 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel A. MEDELES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 17, 1990.

Attorney(s) appearing for the Case

Michael S. McDonald, Asst. Federal Public Defender, and Lucien B. Campbell, Federal Public Defender, El Paso, Tex., for defendant-appellant.

LeRoy M. Jahn, Krista L.S. Leinenkugel, Asst. U.S. Attys. and Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before RUBIN, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Daniel A. Medeles (Medeles) appeals his conviction for executing or attempting to execute a scheme to obtain money from a federally insured financial institution by means of false or fraudulent pretenses or representations, contrary to former 18 U.S.C. § 1344(a)(2). For the section 1344(a)(2) element of pretense or representation, the government charged and proved only that Medeles knowingly wrote insufficient funds...

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