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U.S. v. LOCKLEAR

No. 95-3320.

97 F.3d 196 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Michael LOCKLEAR, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 1996.

Attorney(s) appearing for the Case

Lisa T. Warwick, Stephen Ingraham (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Kathleen T. Zellner, Daniel E. DeLay (argued), Zellner & Associates, Naperville, IL, for Defendant-Appellant.

Christopher T. VanWagner, Madison, WI, Amicus Curiae.

Before CUDAHY, COFFEY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Michael Locklear was convicted on eight counts of aiding and abetting the uttering of counterfeit cashier's checks purportedly issued by M & I Marshall & Isley Bank ("M & I Bank") knowing that the checks were counterfeit. See 18 U.S.C. §§ 493, 2. However, the indictment did not allege one element of section 493: that M & I Bank was a financial institution "authorized and acting under the laws of the United States...

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