U.S. v. MONTGOMERY

No. 91-6056.

980 F.2d 388 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. N. Eddie MONTGOMERY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 24, 1992.


Attorney(s) appearing for the Case

Wendy Goggin, Asst. U.S. Atty. (argued and briefed) Ernest W. Williams, U.S. Atty., Nashville, Tenn., for plaintiff-appellee.

William R. Willis, Jr., Willis & Knight, Nashville, Tenn. (argued and briefed), for defendant-appellant.

Before: KENNEDY and MILBURN, Circuit Judges; and POTTER, Senior District Judge.


KENNEDY, Circuit Judge.

Defendant N. Eddie Montgomery appeals his conviction of executing a scheme with intent to defraud Sovran Bank by "check kiting" and mail fraud. The defendant asserts that the District Court erred in its instruction to the jury concerning the appropriate definition of check kiting. The defendant also argues that the District Court erred in denying defendant's motion for judgment of acquittal on the mail fraud counts, and in other instructions...

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