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U.S. v. BARNHART

No. 92-1194.

979 F.2d 647 (1992)

UNITED STATES of America, Appellee, v. D. Gary BARNHART, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1992.

Rehearing Denied December 16, 1992.

Attorney(s) appearing for the Case

Stephen G. Mirakian, Kansas City, Mo., argued (James R. Wyrsch and Jacqueline A. Cook, on the brief), for appellant.

Marietta Parker, Asst. U.S. Atty., Kansas City, Mo., argued (Kenneth E. Weinfurt, Asst. U.S. Atty., on the brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

D. Gary Barnhart ("Barnhart") appeals his conviction on one count of aiding and abetting the execution of a scheme to defraud a federally insured bank in violation of 18 U.S.C. §§ 2 and 1344 (1988). We vacate Barnhart's conviction and remand for further proceedings consistent with this opinion.

I. FACTS

Barnhart founded the Tomahawk Mortgage Company ("Tomahawk") sometime in the 1960s. In 1972, William...

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