United States v. Harold Wayne Kueneman

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Harold Wayne KUENEMAN, Defendant-Appellant. No. 94-10566. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1995. Decided Aug. 20, 1996. Before: BROWNING, CANBY and HALL, Circuit Judges. 1 MEMORANDUM * 2 Reverend Harold Wayne Kueneman appeals his conviction under 18 U.S.C. § 641 . We reverse in part, affirm in part, and remand. I. 3 Kueneman was president of Phoenix Lighthouse Ministries, Inc. ("PLM"), a non-profit organization devoted to ministering to the homeless and providing food and shelter. PLM participated in the Department of Housing and Urban Development's "dollar-a-year" lease program, under which the government leases HUD-acquired single family homes to suitable non-profit organizations for $1.00 a year, and the non-profit organizations agree to sublease the HUD property to qualified homeless persons. 4 According to trial…