U.S. v. TERRY

Nos. 93-7318, 93-7340.

5 F.3d 874 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Robert TERRY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Thomas S. WALDRON, Robert Terry and David Wenger, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 1, 1993.


Attorney(s) appearing for the Case

Victoria May, Asst. U.S. Atty., George Phillips, U.S. Atty., Donald Burkhalter, Asst. U.S. Atty., Jackson, MS, Mervyn Hamburg, Dept. of Justice, Washington, DC, for U.S.

Tom Royals, Jackson, MS, William H. Jeffress, Jr., Miller, Cassidy, Larroca & Lewin, Washington, DC, James E. Boren, Baton Rouge, for Waldron.

John Collette, Jackson, MS, for Terry and Wenger.

Before POLITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge, and DAVIDSON, District Judge.


Rehearing Denied in No. 93-7318 December 1, 1993.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Defendants in these consolidated cases allegedly conspired to defraud a bank out of $2.7 million by arranging a fraudulent loan and then manipulating records so the loan would look justifiable to regulators. Defendant Robert Terry claims his prosecution is barred by double jeopardy. The government claims that the district court erred in striking two overt acts from the...

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