United States Sixth Circuit

Convictions for bank fraud and misapplication of funds reversed for plain error, where court failed to consider the viability of defendant's substantive convictions after his acquittal for a conspiracy conviction by post-trial order; possibility that defendant was convicted for culpability of others had a "substantial effect" on his rights.

Appellate Information

• Decided 04/18/2002
• Published 04/18/2002

Judges

• Before BOGGS and SUHRHEINRICH, Circuit Judges;  CLELAND, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Thomas J. Kelley (argued and briefed), Eugene F. Canestraro (briefed), Cline, Cook & Weisenburger Co., Toledo, Ohio, for Appellant.


• For Appellees:
  
• Jonathan L. Marcus (argued and briefed), Department of Justice, Washington, DC, David O. Bauer, Asst. U.S. Attorney, Western Division, Toledo, OH, for Appellee.