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U.S. v. LEQUIRE

No. 11-10066.

672 F.3d 724 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Dwayne LEQUIRE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2012.

Attorney(s) appearing for the Case

Barry J. Pollack , Miller & Chevalier Chartered, Washington D.C., for the defendant-appellant.

Gary M. Restaino , United States Attorney Office, District of Arizona, for the plaintiff-appellee.

Before: A. WALLACE TASHIMA and BARRY G. SILVERMAN, Circuit Judges, and LYNN S. ADELMAN, District Judge.

OPINION

SILVERMAN, Circuit Judge:

One cannot be guilty of embezzlement if the alleged victim did not own the funds that were supposedly embezzled. In this case, an insurance agency had a contract with an insurance company that allowed the agency to commingle collected insurance premiums with its other funds in its general operating account. The contract also obligated the agency to remit the total amount of premiums due the company each month, whether or...

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