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U.S. v. STODDARD

No. 97-10273.

150 F.3d 1140 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Harold STODDARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1998.

Attorney(s) appearing for the Case

Michael J. Kennedy, Assistant Federal Defender, Sacramento, California, for Defendant-Appellant.

Mark J. McKeon, Assistant United States Attorney, Sacramento, California, for Plaintiff-Appellee.

Before: FERGUSON and THOMAS, Circuit Judges and MOLLOY, District Judge.

MOLLOY, District Judge:

I. Background

Richard Harold Stoddard ("Stoddard") was tried on a four count indictment stemming from his activities as a banker and land developer in California. A jury convicted him on two counts.1 The jury could not decide on two counts and hung on charges of wilfully misapplying funds of a federally insured financial institution. The government dismissed both of these counts.

In this appeal...

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