U.S. v. SHIPSEY

No. 02-10651.

363 F.3d 962 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. George Michael SHIPSEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 9, 2004.

As Amended May 12, 2004.


Attorney(s) appearing for the Case

Dennis P. Riordan, Riordan & Horgan, San Francisco, CA, for the defendant-appellant.

Lawrence J. Leigh, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before: HALL and GRABER, Circuit Judges, and WEINER, Senior District Judge.


WEINER, Senior District Judge:

I.

George Michael Shipsey appeals his conviction on charges of mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), and theft from an employee pension fund (18 U.S.C. § 664), arising from the diversion of construction loan proceeds. Previously, another panel of this court had vacated his first conviction on these charges, United States v. Shipsey,

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