United States v. Joseph C. Miller

15 F.3d 1093 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Joseph C. MILLER, Defendant-Appellant. No. 92-30424. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1993. * Decided Jan. 12, 1994. Before: TANG, FARRIS, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 This case arises out of allegations by the Government that Joseph C. Miller unlawfully amended the Personnel Policies and Procedures Manual of the Home Savings Bank ("Bank") in Anchorage, Alaska, in violation of a Capital Forbearance Agreement ("Forbearance Agreement") between the Bank and the Federal Savings and Loan Insurance Corporation ("FSLIC"). 3 Mr. Miller was convicted of two charges, Counts I and III of the indictment. Count I was for making false entries in the Bank's Personnel and Police Procedures Manual in violation of 18 U.S.C. Secs. 1006 and 2 (Count I). Count III was for misapplication of bank funds in violation of 18 U.S.C. Secs. 657…