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U.S. v. TRAN

No. 01-2093.

285 F.3d 934 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Phuc Thien TRAN, also known as Tri Thanh Tran, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 4, 2002.

Attorney(s) appearing for the Case

Edwin G. Winstead, Assistant United States Attorney (Norman C. Bay, United States Attorney, with him on the briefs), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Michael A. Keefe, Assistant Federal Public Defender (Stephen P. McCue, Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Before LUCERO, ANDERSON, and BALDOCK, Circuit Judges.

ORDER

The Court's opinion of February 27, 2002, is vacated and a new opinion is simultaneously filed. This having been done, appellant's petition for rehearing is denied.

OPINION

LUCERO, Circuit Judge.

Phuc Thien Tran appeals the sentence imposed by the district court following his conviction for one count of bank fraud in violation of 18 U.S.C. § 1344(1) and (2). Tran contends there was insufficient evidence to support the two-level...

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