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U.S. v. THOMAS

No. 04-4099.

422 F.3d 665 (2005)

UNITED STATES of America, Plaintiff—Appellee, v. Jim THOMAS, Defendant—Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 1, 2005.

Attorney(s) appearing for the Case

Jeffrey S. Harrelson, argued, Texarkana, AR, for appellant.

Steven N. Snyder, argued, Fort Smith, AR, for appellee.

Before LOKEN, Chief Judge, HANSEN and MELLOY, Circuit Judges.

LOKEN, Chief Judge.

Former bank officer Jim Thomas was convicted of violating 18 U.S.C. § 1014 by knowingly making a false statement to influence bank action, and of violating 18 U.S.C. § 656 by willfully causing the misapplication of bank funds. His sentencing occurred prior to the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). When Thomas raised...

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