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U.S. v. DAVIS

No. 07-3100.

596 F.3d 852 (2010)

UNITED STATES of America, Appellee v. Terry DAVIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 2010.

Attorney(s) appearing for the Case

Tony Axam Jr., Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer, Federal Public Defender.

Katherine M. Kelly, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roy W. McLeese III, Elizabeth Trosman, and Michael K. Atkinson, Assistant U.S. Attorneys.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

Terry Davis served as national treasurer of the Phi Beta Sigma fraternity. Accused of stealing from the fraternity, he was indicted on ten counts of bank fraud, one count of first-degree theft, and one count of first-degree fraud. See 18 U.S.C. § 1344; D.C.CODE § 22-3211(b)(2); id. § 22-3221(a). The jury acquitted him of two of the bank fraud counts and convicted

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