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U.S. v. PALMER

No. 93-1685.

31 F.3d 259 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Gary PALMER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 1994.

Attorney(s) appearing for the Case

Karen Ledbetter Taylor, Sr. Trial Atty., Richard H. Stephens, U.S. Dept. of Justice, Dallas, TX, for appellant.

Jay Ethington, Dallas, TX, for appellee.

Before KING, JOLLY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The United States appeals Gary Palmer's sentence following his plea of guilty to one count of conspiracy to commit bank fraud in violation of 18 U.S.C. § 371. Because the district court erred in concluding that the bank suffered no loss, we vacate the sentence and remand.

I.

Gary Palmer was the president of Liberty National Bank of Dallas, Texas, and the principal shareholder of Liberty Bancshares, Inc., the holding...

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