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U.S. v. McMILLEN

No. 90-3079.

917 F.2d 773 (1990)

UNITED STATES of America, Appellant, v. Robert J. McMILLEN.

United States Court of Appeals, Third Circuit.

Decided October 29, 1990.

Rehearing and Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., U.S. Atty., Constance M. Bowden (argued), Asst. U.S. Atty., Bonnie R. Schlueter, Asst. U.S. Atty., Pittsburgh, Pa., for appellant.

Kim William Riester (argued), Scott, Vogrin & Riester, Pittsburgh, Pa., for appellee.

Before STAPLETON and GREENBERG, Circuit Judges, and POLLAK, District Judge.

Rehearing and Rehearing In Banc Denied November 28, 1990.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The United States appeals the sentence imposed on Robert J. McMillen under the United States Sentencing Guidelines (the "U.S.S.G."), following a guilty plea, for misapplication of funds by a Savings and Loan employee in violation of 18 U.S.C. § 657. The Government argues that the district court erred...

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