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U.S. v. HENNING

No. 00-3559.

286 F.3d 914 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Fred E. HENNING, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 18, 2002.

Attorney(s) appearing for the Case

Jonathan L. Marcus (argued and briefed), Department of Justice, Washington, DC, David O. Bauer, Asst. U.S. Attorney, Western Division, Toledo, OH, for Appellee.

Thomas J. Kelley (argued and briefed), Eugene F. Canestraro (briefed), Cline, Cook & Weisenburger Co., Toledo, Ohio, for Appellant.

Before BOGGS and SUHRHEINRICH, Circuit Judges; CLELAND, District Judge.

OPINION

CLELAND, District Judge.

This case is before us for review for a second time.1 In this appeal, Defendant Appellant Fred E. Henning challenges his convictions on two counts of bank fraud in violation of 18 U.S.C. § 1344 and three counts of misapplication of bank funds in violation of 18 U.S.C. § 657. For the reasons stated below, we REVERSE the judgments imposed against Henning, VACATE the convictions, and REMAND...

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