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U.S. v. HOWERTER

No. 00-3188.

248 F.3d 198 (2001)

UNITED STATES of America, v. Thomas HOWERTER, Appellant.

United States Court of Appeals, Third Circuit.

Filed April 25, 2001.

Attorney(s) appearing for the Case

Michael J. Novara, Esq. [ARGUED], Office of Federal Public Defender, 960 Penn Avenue 415 Convention Tower Pittsburgh, PA 15222, Counsel for Appellant.

Bonnie R. Schlueter, Esq. [ARGUED], Office of United States Attorney 633 United States Post Office & Courthouse Pittsburgh, PA 15219, Counsel for Appellee.

BEFORE: McKEE, RENDELL, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Thomas Howerter appeals his conviction for bank larceny under 18 U.S.C. § 2113(b). The District Court determined that the elements required by the statute had been satisfied. On appeal, Howerter contends that his conduct is not proscribed by the federal bank larceny statute. We agree, and we will REVERSE.1

I. Facts and Procedural History

From 1994 to 1997, while...

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