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U.S. v. VAN BROCKLIN

Nos. 96-2326 to 96-2329.

115 F.3d 587 (1997)

UNITED STATES of America, Appellee, v. Darrell Dean VAN BROCKLIN, Appellant. UNITED STATES of America, Appellee, v. Travis Edward ATTERBERRY, Appellant. UNITED STATES of America, Appellee, v. Lawrence Kermit PYATT, Appellant. UNITED STATES of America, Appellee, v. Susan Kay HASTINGS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1997.

As Corrected July 15, 1997.

Attorney(s) appearing for the Case

Bruce A. Hubbard, argued, Sturgis, SD, for Van Brocklin.

Richard Holland Sindel, argued, Clayton, MO (N. Scott Rosenblum and Susan Kister, on the brief), for Atterberry and Pyatt.

Robert W. Van Norman, argued, Rapid City, SD, for Hastings.

Robert Aaron Mandel, Assistant U.S. Attorney, argued, Rapid City, SD, for appellee.

Before MAGILL, BEAM, and LOKEN, Circuit Judges.

BEAM, Circuit Judge.

Defendants were convicted on various counts arising from a scheme to defraud a South Dakota bank. We affirm the convictions of all defendants. We conclude, however, that the district court erred in sentencing defendants Van Brocklin, Pyatt, and Atterberry. We also vacate the district court's forfeiture order regarding defendant Hastings, and remand for new findings regarding the restitution order and the fine imposed on defendant Hastings.

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