No. 92-3025.

971 F.2d 620 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Scott E. ELLIOTT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 3, 1992.

Attorney(s) appearing for the Case

David J. Phillips, Asst. Federal Public Defender (Charles D. Anderson, Federal Public Defender, with him on the brief), Kansas City, Kan., for defendant-appellant.

Tanya J. Treadway, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., with her on the brief), Kansas City, Kan., for plaintiff-appellee.

Before LOGAN, TACHA and EBEL, Circuit Judges.

LOGAN, Circuit Judge.

Defendant Scott E. Elliott appeals the sentence imposed upon him after his guilty plea to willfully misapplying moneys, funds or credits of an FDIC-insured bank, in violation of 18 U.S.C. § 656. The only issue on appeal is whether the court correctly determined that it had to sentence defendant to some term of imprisonment for the offense.

The offense of conviction was a continuing offense ending on December 26, 1990. Under legislation...

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