United States Tenth Circuit

Defendant's conviction and sentence for bank fraud are affirmed where: 1) the government did not need to prove that bank officers' conduct had not waived the bank's security interest in the cattle at issue or in the proceeds from the sale of the cattle under commercial law to convict defendant of bank fraud; and 2) the district court more than adequately conveyed -- with its use and explanation of the term "knowingly" -- that the jury could not find defendant guilty of bank fraud if the jury found he acted in good faith; and 3) the district court followed an appropriate course in sentencing defendant because it made factual findings based on the evidence before it and left room to take into account any future change in circumstances.

Appellate Information

• Decided 09/14/2010
• Published 09/14/2010

Judges

• Timothy M. Tymkovich

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen Jones, Vicki Zemp Behenna