United States Tenth Circuit

Bank CEO and supermajority shareholder's conviction and sentence for willful misapplication of bank funds, scheming to defraud a bank, and related counts is reversed in part and remanded for resentencing where: 1) insufficient evidence supported defendant's conviction for willful misapplication in connection with an automobile loan; 2) the district court incorrectly applied a 2-level sentencing enhancement for violating an administrative order; and 3) the district court failed to adequately notify defendant of its intention to vary upward.

Appellate Information

• Decided 07/03/2007
• Published 07/05/2007

Judges

• McKAY, Circuit Judge., Before LUCERO, McKAY, and MURPHY Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Sean Connelly, Reilly, Pozner & Connelly LLP, Denver, CO, for Defendant-Appellant., Vicki Zemp Behenna, Assistant United States Attorney (John C. Richter, United States Attorney with her on brief), Oklahoma City, OK, for Plaintiff-Appellee.