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U.S. v. SMITH

No. 93-5119.

29 F.3d 914 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Danny K. SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1994.

Attorney(s) appearing for the Case

ARGUED: Thomas B. Shuttleworth, II, Shuttleworth, Ruloff, Giordano & Kahle, P.C., Virginia Beach, VA, for appellant. Robert Joseph Seidel, Jr., Asst. U.S. Atty., Norfolk, VA, for appellee. ON BRIEF: Kenneth E. Melson, U.S. Atty., Norfolk, VA, for appellee.

Before ERVIN, Chief Judge, MICHAEL, Circuit Judge, and CHAPMAN, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Chief Judge ERVIN and Judge MICHAEL joined.

OPINION

CHAPMAN, Senior Circuit Judge:

Danny Keith Smith was convicted of making false statements to influence a financial institution in violation of 18 U.S.C. § 1014 (1988) and sentenced to eighteen months incarceration. On appeal, Smith contends that the government failed to prove that he made a misleading statement...

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