Nos. 94-1445, 94-1451.

64 F.3d 554 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Bradley W. ROTHHAMMER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gary L. MILES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 28, 1995.

Attorney(s) appearing for the Case

William R. Lucero, Asst. U.S. Atty. (Henry L. Solano, U.S. Atty., with him on the brief), Denver, CO, for plaintiff-appellee.

Lee D. Foreman (Rachel A. Bellis, with him on the brief) of Haddon, Morgan & Foreman, Denver, CO, for defendant-appellant Bradley W. Rothhammer.

Robert T. McAllister (Barry Boughman and Kathryn Haight, with him on the brief) of McAllister & Murphy, Denver, CO, for defendant-appellant Gary L. Miles.

Before BALDOCK, SETH and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Defendants-appellants Mr. Rothhammer and Mr. Miles appeal their convictions for making false statements to a bank in connection with a loan, in violation of 18 U.S.C. § 1014. Our jurisdiction arises under 28 U.S.C. § 1291 and we reverse.


In 1985, a group of land developers doing business as the Austin Capital Corporation ("ACC") attempted to obtain financing to purchase Van Schaack and Company...

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