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U.S. v. McREE

No. 90-9022.

984 F.2d 1144 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Ann W. McREE, Joseph H. Hale, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Granted March 26, 1993.

Attorney(s) appearing for the Case

Billy L. Spruell, Spruell & Dubuc, PC, Thomas R. Moran, Atlanta, GA, for McRee.

Jake Waldrop, Federal Defender Program, Inc., Atlanta, GA, for Hale.

Gale McKenzie, Asst. U.S. Atty., Atlanta, GA, Thomas M. Gannon, U.S. Dept. of Justice, Appellate Section — Crim. Div., Washington, DC, for U.S.

Before HATCHETT, EDMONDSON and BIRCH, Circuit Judges.

Rehearing En Banc Granted March 26, 1993.

BIRCH, Circuit Judge:

Appellants Ann McRee and Joseph Hale appeal their convictions on charges arising out of an erroneously issued tax refund check that McRee and Hale cashed and dispersed. We find that the erroneously issued refund check was not government property. We, therefore, REVERSE McRee's and Hale's convictions.

I. BACKGROUND

In February, 1985, the IRS filed a jeopardy assessment of over...

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