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UNITED STATES v. PREVITI

No. 80-5104.

644 F.2d 318 (1981)

UNITED STATES of America, Appellee, v. Gerald J. PREVITI, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 17, 1981.

Attorney(s) appearing for the Case

Carmina Szunyog, Baltimore, Md. (Joseph F. Murphy, Jr., White & Murphy, Towson, Md., on brief), for appellant.

Elizabeth H. Trimble, Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty., Baltimore, Md., on brief), for appellee.

Before BUTZNER, SPROUSE and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Gerald J. Previti was indicted under 18 U.S.C. § 6561 on one count of conspiracy to misapply bank funds and on four counts of aiding and abetting the misapplication of funds. Previti moved to dismiss the indictment on the ground that it failed to charge an offense. His motion was denied, and he was found guilty on all five counts. Previti appeals.

The circumstances surrounding his indictment show that...

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