United States v. Roger Burnett

METZNER, Senior District Judge:

Appellant Roger Burnett appeals from a judgment entered in the United States District Court for the Western District of New York, after a general jury verdict convicting him of five counts of bank fraud under 18 U.S.C. § 1344. Burnett argues that the check-kiting scheme on which his convictions were based could not, as a matter of law, have violated subsection two of section 1344, which proscribes scheming to obtain money from a bank “by means of false or fraudulent pretenses, representations, or promises.” As a result, Burnett claims that a new trial is…