U.S. v. McREE

No. 90-9022.

7 F.3d 976 (1993)

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

United States Court of Appeals, Eleventh Circuit.

November 22, 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 TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, and CARNES, Circuit Judges.


HATCHETT, Circuit Judge:

In this appeal interpreting 18 U.S.C. § 641, we affirm the appellants' convictions and hold that the government does not lose its property interest in an erroneously issued check even in circumstances where the recipient has done nothing to induce the issuance of the check.

BACKGROUND

On February 28, 1985, the Internal Revenue Service (IRS) issued a jeopardy assessment in the...

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