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U.S. v. WHEELER

No. 07-1816.

540 F.3d 683 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. James R. WHEELER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2008.

Attorney(s) appearing for the Case

Jesse M. Barrett (argued), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee.

Sarah O'Rourke Schrup, Kathleen Stetsko, Num Agudo, Law Students, Northwestern University School of Law, Chicago, IL, for Defendant-Appellant.

Before CUDAHY, KANNE and SYKES, Circuit Judges.

CUDAHY, Circuit Judge.

A jury convicted James Wheeler of embezzling, stealing or otherwise converting employee contributions to his company's health insurance and 401(k) funds in violation of 18 U.S.C. §§ 669 and 664. The district court sentenced him to concurrent 63 and 60 month sentences and three years' supervised release. On appeal, Wheeler raises two challenges to his conviction. First, he contends that the district court erred in defining the mens...

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