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U.S. v. BERNHARDT

No. 89-6323.

905 F.2d 343 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Henry BERNHARDT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 11, 1990.

Attorney(s) appearing for the Case

Susan M. Otto, Asst. Federal Public Defender (William P. Earley, Asst. Federal Public Defender, on the brief), Oklahoma City, Okl., for defendant-appellant.

Robert E. Mydans, Asst. U.S. Atty. for the W.D. of Okl. (Timothy D. Leonard, U.S. Atty., and Leslie M. Kaestner, Asst. U.S. Atty., on the brief), Oklahoma City, Okl., for plaintiff-appellee.

Before McKAY, BARRETT, and EBEL, Circuit Judges.

McKAY, Circuit Judge.

This case involves a challenge to the district court's upward departure from the Sentencing Guidelines.

I. Facts

On January 12, 1988, defendant deposited a forged check into his commercial bank account. As a result of defendant's withdrawals on this account, the bank lost $21,106.28. Pursuant to a plea agreement, defendant pled guilty to bank fraud in violation of 18 U.S.C. § 1344.

Defendant's crime is covered by...

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