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U.S. v. KAMMER

No. 92-6343.

1 F.3d 1161 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Elizabeth KAMMER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 14, 1993.

Attorney(s) appearing for the Case

Rebekah J. Poston, Fine, Jacobson Schwartz, Nash, Block, & England, Komal J. Bhojwani, Miami, FL, William L. Webber, Howrey & Simon, Washington, DC, for defendant-appellant.

J.B. Sessions, III, U.S. Atty., Richard W. Moore, Mobile, AL, for plaintiff-appellee.

Before FAY and HATCHETT, Circuit Judges, and ATKINS, Senior District Judge.

HATCHETT, Circuit Judge:

We reverse the misapplication convictions in this case because the government failed to prove that the appellant's failure to refund Pell Grant monies constituted a misapplication under 20 U.S.C. § 1097(a).

I. FACTS

During 1988, Elizabeth Kammer, appellant, owned and operated Coastal Training Institute (CTI), a vocational training school in Mobile, Alabama. Some of the students attending CTI were eligible for Pell Grants...

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