U.S. v. BANTA

No. 96-4030.

127 F.3d 982 (1997)

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

United States Court of Appeals, Tenth Circuit.

October 20, 1997.


Attorney(s) appearing for the Case

David J. Schwendiman, Assistant United States Attorney (Scott J. Thorley and Scott M. Matheson, Jr., Assistant United States Attorneys, with him on brief), Salt Lake City, UT, for Plaintiff-Appellee.

Kenneth R. Brown, Salt Lake City, UT, for Defendant-Appellant.

Before BALDOCK, McWILLIAMS, and EBEL, Circuit Judges.


BALDOCK, Circuit Judge.

Defendant Gary Martin Banta appeals his sentence for bank fraud and aiding and abetting, in violation of 18 U.S.C. §§ 2 and 1344. Our jurisdiction arises under 18 U.S.C. § 3742. On appeal, Defendant argues that the district court incorrectly applied § 2F1.1 of the United States Sentencing Commission Guidelines Manual (hereinafter Guidelines). Specifically, Defendant argues that the district court miscalculated the amount...

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