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U.S. v. BURNETT

No. 5, Docket 92-1167.

10 F.3d 74 (1993)

UNITED STATES of America, Appellee, v. Roger BURNETT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 24, 1993.

Attorney(s) appearing for the Case

Gretchen L. Wylegala, Asst. U.S. Atty., W.D.N.Y. (Patrick H. NeMoyer, U.S. Atty., W.D.N.Y.), for appellee.

Colleen P. Cassidy, New York City Legal Aid Soc., for defendant-appellant.

Before: MAHONEY and WALKER, Circuit Judges, and METZNER, District Judge.

METZNER, Senior District Judge:

Appellant Roger Burnett appeals from a judgment entered in the United States District Court for the Western District of New York, after a general jury verdict convicting him of five counts of bank fraud under 18 U.S.C. § 1344. Burnett argues that the check-kiting scheme on which his convictions were based could not, as a matter of law, have violated subsection two of section 1344, which proscribes scheming to obtain money from...

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