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U.S. v. STONER

No. 94-6377.

98 F.3d 527 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Cynthia M. STONER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 10, 1996.

Attorney(s) appearing for the Case

Ross Nick Lillard, III, Assistant U.S. Attorney, Oklahoma City, OK (Rozia McKinney-Foster, Assistant U.S. Attorney, Oklahoma City, OK, with him on the brief), for Plaintiff-Appellee.

Kenneth E. Holmes, Holmes and Jackson, Ponca City, OK, for Defendant-Appellant.

Before PORFILIO, HENRY and BRISCOE, Circuit Judges.

HENRY, Circuit Judge.

The defendant, Cynthia M. Stoner, appeals her conviction and sentence following a jury verdict for conspiracy under 18 U.S.C. § 371 relating to the embezzlement of tribal funds. Ms. Stoner contends that the district court should have granted her motion for judgment of acquittal because the government failed to allege and prove that an overt act occurred within the applicable statute of limitations...

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