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U.S. v. MORROW

No. 96-50958.

177 F.3d 272 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Tammy Denise MORROW; Larry Wayne Meinzer; Alice Marie Barber, also known as Alice Marie Turner, also known as Alice Marie Rogers; Samantha Graham Davis, also known as Sammie Davis, also known as Samantha L. Davis, also known as Sammie L. Davis; Arnold Gene Trout, also known as Gene Trout; Mason Long; Darrell Paul Freeman, also known as Paul Freeman; James Michael Caldwell, also known as Mike Caldwell; Patrick Gene Malmstrom, also known as Rick Malmstrom; Billy Wayne Cox, Jr., also known as Billy Cox; Max Waylan Cain, Sr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 25, 1999.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., United States Attorney, San Antonio, TX, for Plaintiff-Appellee.

Eric L. Lindstrom, Midland, TX, for Tammy Denise Morrow.

Clifford James Hardwick, Midland, TX, for Larry Wayne Meinzer.

Allen R. Stroder, H. Thomas Hirsch, Hirsch, Stroder and Hobbs, Odessa, TX, for Alice Marie Barber.

Bruce Evan Foster, Midland, TX, for Samantha Graham Davis.

Thomas S. Morgan, Law Office of Thomas S. Morgan, Midland, TX, for Arnold Gene Trout.

Amy Lee, Scott, Douglass & McConnico, Austin, TX, for Mason Long.

Robert Felton Freeman, David Glenn Rogers, Brockett & Lindemood, Midland, TX, for Darrell Paul Freeman.

Robert Victor Garcia, Jr., Odessa, TX, for James Michael Caldwell.

Samuel A. Perroni, Perroni Law Firm, Little Rock, AR, for Patrick Gene Malmstrom.

James Webb James, III, Bryan, TX, for Billy Wayne Cox, Jr.

John Kuchera, Waco, TX, for Max Waylan Cain, Sr.

Before HIGGINBOTHAM, JONES and WIENER, Circuit Judges.

PER CURIAM:

Eleven defendants appeal convictions of conspiring and aiding and abetting bank fraud in the financing of A-1 mobile homes. The central purpose of the scheme was to obtain bank financing for customers who had not made adequate cost down payments. We affirm all the judgments of conviction but vacate the sentence of eight defendants and remand for resentencing.

I

Count 1 of the indictment charged...

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