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U.S. v. BEAN

Nos. 93-2793, 93-2847.

18 F.3d 1367 (1994)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Bill Gene BEAN, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 9, 1994.

Attorney(s) appearing for the Case

Tina Nommay, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Fort Wayne, IN, for the U.S.

James J. Abbs (argued), Emerick & Diggins, Kendallville, IN, for Bill Gene Bean.

Before POSNER, Chief Judge, and EASTERBROOK and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

A jury convicted Bill Gene Bean of bank fraud, in violation of 18 U.S.C. § 1344. Bean kited checks, obtaining $75,000 to cover a cash-flow shortage in his recycling business. Over the course of two years he repaid (albeit without interest) the sum to which he had helped himself. The district court imposed a sentence of six months' work release. Both sides have appealed—the United States to protest a six-level downward departure...

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